IN THE
TENTH COURT OF APPEALS
No. 10-15-00373-CR
EX PARTE DONALD WAYNE GRAHAM
Original Proceeding
MEMORANDUM OPINION
Donald Wayne Graham, a prison inmate, presented a document which was filed
on October 30, 2015. It is difficult to understand the relief Graham seeks and the legal
basis or support for that requested relief. At times, it appears he is complaining about
the conditions in which he is confined, but also complains about the underlying
conviction. Fundamentally, it appears he would like to be moved out of the facility in
Edinburg to Waco, Texas, or at least to be permitted to be closer to his family.
To the extent this document requests original mandamus relief from the
conditions of the prison unit in Edinburg, Texas where he is currently housed, we have
no jurisdiction over occurrences in the geographic area of the unit. See TEX. GOV’T CODE
ANN. § 22.201(k) (West 2004). To the extent this document requests original mandamus
relief from the actions of officials or employees of that prison unit, we have no
mandamus jurisdiction over those people. See id. § 22.221(a), (b).
Further, to the extent Graham intends this document to be a writ of habeas
corpus, requesting relief from his convictions, Graham was convicted of two felony
offenses, and we have no original jurisdiction over post-conviction felony offenses. See
TEX. CODE CRIM. PROC. ANN. arts. 11.05; 11.07, § 3(a), (b) (West 2015); 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").
Accordingly, this proceeding is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Proceeding dismissed
Opinion delivered and filed November 12, 2015
Do not publish
[OT06]
Ex parte Graham Page 2