Opinion
NO. 14-12-00575-CR
07-10-2012
IN RE ANDRE LEON ESTER, Relator
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 10, 2012
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
Harris County, Texas
Trial Court No. 739367
MEMORANDUM OPINION
On June 20, 2012, relator Andre Leon Ester filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, realtor asks that we direct the respondent, the presiding judge of the 176th District Court, to set aside his final felony conviction in cause number 739367.
Relator also states that he seeks issuance of a writ of error coram nobis, a procedure used to challenge a federal conviction for alleged errors not evident on the face of the record. See Sinclair v. State, 679 F.2d 513, 515 (5th Cir. 1982). State courts construe such writs as petitions for writ of habeas corpus. See In re Randle, No. 02-05-01087-CR, 2006 WL 1767833, *1 (Tex. App.—Houston [1st Dist.] June 29, 2006, orig. proceeding) (not designated for publication).
This court lacks jurisdiction to grant the requested relief. Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from a final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also Tex. Code Crim. Proc. art. 11.07; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that article 11.07 provides the exclusive means to challenge a final felony conviction).
Accordingly, relator's petition for writ of mandamus is ordered dismissed.
PER CURIAM
Panel consists of Justices Boyce, Christopher and Jamison. Do Not Publish - Tex. R. App. P. 47.2(b).