Opinion
No. 08-18-00003-CR
01-17-2018
IN RE: WILLIAM BROWDER, RELATOR
AN ORIGINAL PROCEEDING IN MANDAMUS MEMORANDUM OPINION
Relator, William Browder, has filed a mandamus petition asking that we order the 109th District Court of Andrews County, Texas, to comply with the requirements of Article 11.07 when ruling on a pending writ of habeas corpus. See TEX.CODE CRIM.PROC.ANN. art. 11.07 (West 2015).
To obtain mandamus relief, Relator must demonstrate that he does not have an adequate remedy at law and that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial District Court of Appeals, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). The Court of Criminal Appeals has exclusive jurisdiction to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction. Padieu v. Court of Appeals of Texas, Fifth District, 392 S.W.3d 115, 117 (Tex.Crim.App. 2013). According to Relator's petition, his writ of habeas corpus was assigned cause number WR-23,119-04. The records of the Court of Criminal Appeals reflect that it received the writ on September 28, 2017, and it denied habeas corpus relief without written order on October 18, 2017. See Ex parte William Daniel Browder, No. WR-23,119-04. The Court of Criminal Appeals had exclusive jurisdiction to determine whether the convicting court complied with the requirements of Article 11.07 in this case. We dismiss the petition for writ of mandamus for lack of jurisdiction. January 17, 2018
YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rodriguez, and Palafox, JJ. (Do Not Publish)