Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 17, 2011.
In The
Fourteenth Court of Appeals
____________
NO. 14-11-00405-CR
____________
IN RE HENRY GRADNEY, II, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
248th District Court
Harris County, Texas
Trial Court Cause No. 125170601010
M E M O R A N D U M O P I N I O N
On May 9, 2011, relator 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. In the petition, relator seeks an order directing the First Court of Appeals to grant his motion to withdraw his plea of nolo contendere.
This Court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals' jurisdiction. Tex. Gov’t Code Ann. § 22.221 (Vernon 2004). Because the petition for writ of mandamus is directed toward another court of appeals and is not necessary to enforce this court’s jurisdiction, we have no jurisdiction. See Tex. Gov’t Code Ann. § 22.221(b)(1).
Even if the petition had been directed to this court, we would still have no jurisdiction. The courts of appeals have concurrent mandamus jurisdiction with the Court of Criminal Appeals in some post-conviction proceedings. Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex.Crim.App.2003). Relator is seeking post-conviction relief from a felony conviction. Only the Court of Criminal Appeals has jurisdiction in final post-conviction habeas corpus proceedings. Tex. Code Crim. Proc. Ann. art. 11.07; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that article 11.07 provides the exclusive means to challenge a final felony conviction).
Accordingly, the petition for writ of mandamus is ordered denied.
PER CURIAM
Panel consists of Justices Anderson, Brown, and Christopher.
Do Not Publish — Tex. R. App. P. 47.2(b).