TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00024-CV
In re William Cooper
ORIGINAL PROCEEDING FROM HARRIS COUNTY
MEMORANDUM OPINION
Relator William Cooper, an inmate, filed a pro se petition for writ of mandamus in
this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004). In the petition, Cooper challenges his
conviction for burglary of a habitation on a number of grounds, including alleged insufficiency
of the evidence, newly discovered evidence, and due process violations. The petition and attached
documents indicate that Cooper was convicted in the 176th District Court of Harris County. His
petition requests that this Court provide him with counsel and “issue an injunction for disposition
related to the merits on all other claims.”
As an initial matter, we note that this Court has the authority to issue a writ of
mandamus against “a judge of a district or county court in the court of appeals district” and other
writs as necessary to enforce our appellate jurisdiction. See id. § 22.221 (West 2004). Harris County
is not within this Court’s district. Therefore, to the extent Cooper seeks a writ of mandamus against
his convicting court, we lack the authority to issue such a writ. See id.
Furthermore, Cooper’s petition appears to be a post-conviction application for
writ of habeas corpus. An intermediate court of appeals has no jurisdiction over post-conviction
applications for writ of habeas corpus in felony cases. See Tex. Code Crim. Proc. Ann. art. 11.07
(West Supp. 2012); see also Ex parte Martinez, 175 S.W.3d 510, 512–13 (Tex. App.—Texarkana
2005, orig. proceeding); Self v. State, 122 S.W.3d 294, 294–95 (Tex. App.—Eastland 2003, no pet.).
The court of criminal appeals has recognized that “the exclusive post-conviction remedy in final
felony convictions in Texas courts is through writ of habeas corpus pursuant to [article] 11.07.”
Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996) (quoting Charles v. State, 809
S.W.2d 574, 576 (Tex. App.—San Antonio 1991, no pet.)).
Because we have no jurisdiction over what is in effect a post-conviction habeas
corpus proceeding from Harris County, we dismiss Cooper’s petition for writ of mandamus.
__________________________________________
Scott K. Field, Justice
Before Chief Justice Jones, Justices Goodwin and Field
Filed: March 6, 2013
2