Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00638-CR
In re John David Garcia
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: September 26, 2018
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
In 2012, relator pled guilty to aggravated assault with a deadly weapon. In 2015, the trial
court adjudicated relator guilty. In this original proceeding, relator complains of the trial court’s
failure to rule on his motion for writ of nunc pro tunc in which he asked the trial court to dismiss
his underlying case and release him from custody. This proceeding is a collateral attack on a final
conviction and, therefore, falls within the scope of a post-conviction writ of habeas corpus under
article 11.07 of the Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07
(West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction
felony proceedings. Id.; see also Padieu v. Court of Appeals of Tx., Fifth Dist., 392 S.W.3d 115,
1
This proceeding arises out of Cause No. 11-05-075-CRW, styled The State of Texas v. John David Garcia, pending
in the 81st Judicial District Court, Wilson County, Texas, the Honorable Russell Wilson presiding.
04-18-00638-CR
117 (Tex. Crim. App. 2013) (orig. proceeding) (per curiam). Accordingly, we dismiss this
proceeding for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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