Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00443-CR
IN RE Darrell Eugene BATES
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: July 2, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On June 20, 2014, relator Darrell Eugene Bates filed a petition for writ of mandamus,
complaining that the trial court has failed to respond to various pro se motions filed in his
underlying criminal proceedings. In both of the criminal cause numbers identified in relator’s
petition, relator was convicted of felony burglary of a building, and no appeals were taken to this
court. Relator asks this court to order the trial judge to correct the final judgments of conviction
which he contends reflect an illegal enhancement.
Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-
conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals,
802 S.W.2d 241, 243 (Tex. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp.
1
This proceeding arises out of Cause Nos. 2010CR12259 and 2011CR1251W, styled The State of Texas v. Darrell
Eugene Bates, in the 290th Judicial District Court, Bexar County, Texas, the Honorable Melisa Skinner presiding.
04-14-00443-CR
2013); Bd. 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.”). Because the relief sought in relator’s petition relates to
post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to
consider his petition for writ of mandamus.
Accordingly, relator’s petition is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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