Opinion issued October 29, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00654-CR
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IN RE ROBERT K. BOULDS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Robert K. Boulds, incarcerated and proceeding pro se, has filed a
petition for a writ of mandamus, seeking an order directing respondent to perform
his “ministerial duties” relating to relator’s application for a writ of habeas corpus.1
We dismiss relator’s petition for a writ of mandamus.
1
Relator’s petition identifies the underlying case as Cause No. 996316, The State of
Texas v. Robert K. Boulds, in the 176th District Court of Harris County, Texas, the
Honorable Stacey W. Bond presiding.
Because relator’s petition reflects that he has filed an article 11.07
application for writ of habeas corpus in the trial court, his mandamus petition
relates to a pending post-conviction habeas corpus application involving a final
felony conviction. This Court does not have jurisdiction to grant relator’s requested
relief. Only the Texas Court of Criminal Appeals has jurisdiction in final
post-conviction habeas corpus proceedings. See TEX. CODE CRIM. PROC. ANN. art.
11.07 (West 2015); Padieu v. Ct. App. of Tex., Fifth Dist., 392 S.W.3d 115, 117
(Tex. Crim. App. 2013). Accordingly, any complaints about inaction on matters
relating to relator’s post-conviction application for a writ of habeas corpus must be
brought in the Texas Court of Criminal Appeals. See In re Briscoe, 230 S.W.3d
196, 196 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding) (“Article 11.07
contains no role for the courts of appeals.”); 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”). We have no authority to issue writs of mandamus in criminal law
matters relating to final post-conviction felony proceedings. See In re McAfee, 53
S.W.3d at 718.
2
Accordingly, we dismiss relator’s application for a writ of mandamus for
want of jurisdiction and dismiss the motion for leave to file as moot.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
3