MEMORANDUM OPINION
No. 04-12-00453-CR
IN RE David SALINAS
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: August 8, 2012
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF
JURISDICTION
On July 30, 2012, relator David Salinas filed a petition for writ of mandamus,
complaining the Texas Department of Criminal Justice failed to credit his sentence after the trial
court entered a judgment nunc pro tunc.
However, 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 2011); 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
1
This proceeding arises out of Cause No. 1991-CR-0208, styled State of Texas v. David Salinas, in the 187th
Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.
04-12-00453-CR
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DO NOT PUBLISH
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