In re Altschul

Full title: IN RE TODD W. ALTSCHUL, Relator

Court: Court of Appeals of Texas, Fourteenth District

Date published: Dec 6, 2022

No. 14-22-00693-CR (Tex. App. Dec. 6, 2022)

Opinion

14-22-00693-CR

12-06-2022

IN RE TODD W. ALTSCHUL, Relator

PER CURIAM

Do Not Publish - Tex.R.App.P. 47.2(b).

ORIGINAL PROCEEDING WRIT OF MANDAMUS 412th District Court Brazoria County, Texas Trial Court Cause No. 23,557-XY

Panel consists of Chief Justice Christopher and Justices Jewell and Poissant.

MEMORANDUM OPINION

PER CURIAM

On September 26, 2022, relator Todd W. Altschul filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex.R.App.P. 52. In the petition, relator asks this court to compel the Honorable Justin R. Gilbert, presiding judge of the 412th District Court of Brazoria County, to issue the writ of habeas corpus and rule on the merits of his application for writ of habeas corpus. 1

Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive means to challenge a final felony conviction. Tex. Code Crim. Proc. art. 11.07; Bd. of Pardons &Paroles ex rel. Keene v. Ct. of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). The Texas Criminal Court of Appeals has exclusive jurisdiction to grant post-conviction habeas corpus relief on a final felony conviction. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013). Intermediate appellate courts do not have jurisdiction over post-conviction writs of habeas corpus in felony cases. Tex. Code Crim. Proc. art. 11.07; In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.-Houston [14^th Dist.] 2006, orig. proceeding). To complain about any action or inaction of the convicting court, relator may seek mandamus relief from the Texas Court of Criminal Appeals. See Briscoe, 230 S.W.3d at 196-97.

Relator seeks post-conviction habeas relief from the trial court that entered a judgment of conviction on a felony charge. In his mandamus petition in our court, relator complains that the convicting trial court has not timely issued the writ or ruled on the application for the writ. We lack jurisdiction over relator's request. Accordingly, we dismiss relator's petition for lack of jurisdiction. 2