Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00323-CR
IN RE John Eric GINN
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 30, 2018
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On August 7, 2009, relator was sentenced to twenty-five years confinement, plus a fine,
for murder. On November 10, 2010, this court dismissed his appeal for lack of jurisdiction because
his notice of appeal was not timely-filed. Our mandate issued on January 12, 2011. On May 16,
2018, relator filed a petition for writ of mandamus asking this court to order the trial court to
declare the sentence in his underlying conviction void.
This court does not have jurisdiction to consider relator’s request for mandamus relief.
Texas Code of Criminal Procedure article 11.07 provides the exclusive means to challenge a final
felony conviction. TEX. CODE CRIM. PROC. ANN. art. 11.07 § 5 (West 2015); Board of Pardons &
Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App.
1
This proceeding arises out of Cause No. 2008-CR-1279, styled The State of Texas v. John Eric Ginn, pending in the
379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-18-00323-CR
1995) (orig. proceeding) (per curiam). Jurisdiction to grant post-conviction habeas corpus relief
on a final felony conviction rests exclusively with the Texas Court of Criminal Appeals. TEX.
CODE CRIM. PROC. art. 11.07 § 3(a); Keene, 910 S.W.2d at 483. 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, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.
PER CURIAM
Do not publish
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