In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00012-CR
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IN RE JOHN D. FAILS JR.
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Original Proceeding
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MEMORANDUM OPINION
In a petition for writ of mandamus, John D. Fails complains that he filed an
application for writ of habeas corpus with the convicting court on October 7, 2013,
but he has not received a copy of the State’s response to his application. Fails
states that he filed a motion to vacate his sentence on December 12, 2013. He
argues that he is entitled to have his sentence vacated and to have the indictment
dismissed with prejudice as a remedy for a due process violation because the State
failed to send him a copy of its response and the district clerk failed to forward his
habeas petition to the Court of Criminal Appeals. He asks this Court to vacate his
sentence and dismiss the indictment.
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The Court of Criminal Appeals has exclusive jurisdiction to grant post-
conviction relief. Ater v. Eighth Court of Appeals, 802 S.W.3d 241, 243 (Tex.
Crim. App. 1991). After a post-conviction habeas proceeding commences, the
defendant’s complaints about the convicting court’s handling of the habeas petition
must be presented to the Texas Court of Criminal Appeals. Padieu v. Court of
Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig.
proceeding); In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.
2001, orig. proceeding) (“Should an applicant find it necessary to complain about
an action or inaction of the convicting court, the applicant may seek mandamus
relief from the Court of Criminal Appeals.”). Fails has not shown that the trial
court failed to act on a matter over which we have jurisdiction. See Padieu, 392
S.W.3d at 117-18. We dismiss the petition for writ of mandamus.
PETITION DISMISSED.
PER CURIAM
Opinion Delivered February 12, 2014
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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