in Re Marcos Ortiz

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 31, 2008

 

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 31, 2008.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-00046-CV

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IN RE MARCO ORTIZ, Relator

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

 

 

M E M O R A N D U M   O P I N I O N

On January 23, 2008, relator, Marcos Ortiz, filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. 

In his petition, relator alleges that his conviction was secured by the prosecutor=s use of a fraudulent audio tape of the victim=s 9-1-1 call.  Relator requests that we compel respondent, the presiding judge of the 56th District Court, Galveston County, to hold a hearing to determine whether the tape was tampered with. 


Relator seeks post-conviction habeas relief.  Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).

Because we do not have jurisdiction over the requested relief, the petition for writ of mandamus is ordered dismissed. 

 

PER CURIAM

 

Petition Dismissed and Memorandum Opinion filed January 31, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.