Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 13, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00732-CR
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IN RE JAMES THOMAS GREEN, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
248th District Court
Harris County, Texas
Trial Court Cause No. 715266
MEMORANDUM OPINION
On August 25, 2011, relator James Thomas Green filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann §22.221; see also Tex. R. App. P. 52.1. In his petition, relator asks that this court compel the respondent, the Honorable Joan Campbell, presiding judge of the 248th District Court in Harris County, to rule on motions presented to the respondent. In the motions, relator requests that the respondent enter a judgment of acquittal in trial court cause number 715266. Relator asserts the abandonment of a paragraph in the indictment resulted in an acquittal that is not reflected in the judgment.
In 1995 a jury convicted relator of murder and the trial court sentenced him to confinement for 35 years in the Institutional Division of the Texas Department of Criminal Justice. This court affirmed his conviction. Green v. State, No. 14-96-01536-CR, 1999 WL 33620 (Tex. App.—Houston [14th Dist.] Jan. 28, 1999, pet. ref’d) (not designated for publication), cert. denied, 529 U.S.1059 (2000).
Although relator phrases his request for relief as seeking to enforce the performance of a ministerial duty, the substance of his petition constitutes a collateral attack on his final felony conviction and is not an appropriate basis for mandamus relief. Such an attack falls within the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 § 3. Article 11.07 provides the exclusive means to challenge a final felony conviction. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). While the courts of appeals have mandamus 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. 1991). This court has no authority to issue a writ of mandamus to compel a district court to rule on matters seeking post-conviction relief in felony convictions in which the judgment is final. See In re McAfee, 53 S.W .3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
Accordingly, we dismiss relator’s petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Frost, Seymore, and Jamison.
Do Not Publish — Tex. R. App. P. 47.2(b).