Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00297-CR
IN RE Lyle Richard BRUMMETT
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: May 22, 2013
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On May 7, 2103, Relator Lyle Richard Brummett filed a petition for writ of mandamus
complaining about the sentencing associated with his underlying felony conviction. In 1977,
Relator Brummett was convicted of murder and was sentenced “by confinement in the Texas
Department of Corrections for the term of his natural life.” Relator’s conviction became final in
1977. Relator subsequently filed multiple writs of habeas corpus with the Texas Court of
Criminal Appeals in 1989 and 2008.
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.
2011); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910
1
This proceeding arises out of Cause No. 3096, styled State of Texas v. Lyle Richard Brummett, pending in the
216th Judicial District Court, Kerr County, Texas, the Honorable N. Keith Williams presiding.
04-13-00297-CR
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DO NOT PUBLISH
-2-
in Re Lyle Richard Brummett
Combined Opinion