Opinion issued July 30, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00637-CR
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IN RE LESTER ERWIN CARROLL, IV, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Lester Erwin Carroll, IV, has filed a pro se petition for writ of
mandamus in this Court. See TEX. GOV’T CODE § 22.221 (Vernon 2004); see also
TEX. R. APP. P. 52. Relator complains that the trial court* has failed to order the
*
Relator provides information indicating that this original proceeding arises out of
Cause No. 944193, styled State of Texas v. Lester Erwin Carroll, IV, 262nd
District Court, Harris County. Although relator’s petition identifies the Honorable
State Bar of Texas to produce “the discipline record” of his former defense counsel
to use in support of a post-conviction writ of habeas corpus.
This Court, as an intermediate appellate court, has no jurisdiction over post-
conviction writs of habeas corpus in felony cases. See TEX. CODE CRIM. PROC.
ANN. art. 11.05; art 11.07, § 3(a), (b) (Vernon Supp. 2011); In re McAfee, 53
S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (noting
that “only the Texas Court of Criminal Appeals has jurisdiction in final post-
conviction felony proceedings”). Thus, we also lack jurisdiction to grant
mandamus relief in matters related to a post-conviction writ application. See In re
McAfee, 53 S.W.3d at 717–18; see also In re Sorrell, No 05–12–00762–CR, 2012
WL 2115493, at *1 (Tex. App.—Dallas June 12, 2012, orig. proceeding) (mem.
op.; not designated for pub.) (dismissing petition for writ of mandamus in case in
which relator complained that trial court failed to provide him copies of public
records regarding his conviction so that he can prepare a post-conviction petition
for writ of habeas corpus).
We dismiss the petition for writ of mandamus for lack of jurisdiction. See
TEX. R. APP. P. 52.8(a).
Mike Anderson as respondent in this mandamus proceeding, we take judicial
notice that Judge Anderson no longer presides over the 262nd District Court; the
Honorable Denise Bradley now presides over that court. We affirmed relator’s
conviction for the felony offense of robbery in Carroll v. State, 176 S.W.3d 249,
257 (Tex. App.—Houston [1st Dist.] 2004, pet. ref’d).
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PER CURIAM
Panel consists of Justices Higley, Sharp, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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