MEMORANDUM OPINION
No. 04-11-00481-CR
IN RE Ernesto R. HINOJOSA, SR.
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 27, 2011
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF
JURISDICTION
On July 12, 2011, relator Ernesto R. Hinojosa, Sr. filed a petition for writ of mandamus,
complaining of the trial court’s failure to recuse himself from relator’s application for habeas
corpus relief pursuant to Article 11.07 of the Texas Code of Criminal Procedure. However, only
the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction
habeas corpus proceedings. 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 (Vernon Supp. 2008); In re McAfee, 53
S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (holding that if an
applicant finds it necessary to complain about an action or inaction of the convicting court, the
1
This proceeding arises out of Cause No. 90-11-7309-CR, styled State of Texas v. Ernesto R. Hinojosa, Sr., in the
79th Judicial District Court, Jim Wells County, Texas, the Honorable Richard C. Terrell presiding.
04-11-00481-CR
applicant may seek mandamus relief from the Texas Court of Criminal Appeals). Because the
relief sought in relator’s petition relates to post-conviction habeas corpus relief, 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DO NOT PUBLISH
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