Opinion
NO. 01-12-00860-CR
09-27-2012
IN RE DENNIS LEN LIVINGS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Dennis Len Livings, has filed a pro se petition for writ of mandamus in this Court. See TEX. GOV'T CODE § 22.221 (Vernon 2004); see also TEX. R. APP. P. 52. Relator complains that the trial court has failed to rule on motions relator has filed in aid of his post-conviction writ of habeas corpus.
Relator provides information indicating that this original proceeding arises out of Cause No. 1035169-A, styled Ex Parte Dennis Len Livings, 174th District Court, Harris County. Relator identifies the Honorable Ruben Guerrrero as the respondent in this original mandamus proceeding.
This Court, as an intermediate appellate court, has no jurisdiction over post-conviction writs of habeas corpus in felony cases.See TEX. CODE CRIM. PROC. ANN. art. 11.05, art. 11.07, § 3(a), (b) (Vernon 2005 & Vernon Supp. 2012); 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"). Thus, we also lack jurisdiction to grant mandamus relief in matters related to a post-conviction writ application. See In re McAfee, 53 S.W.3d at 717-18; see also In re Perryman, No 04-11-00300-CR, 2011 WL 2165145, at *1 (Tex. App.—San Antonio May 25, 2011, orig. proceeding) (mem. op.; not designated for pub.) (dismissing petition for writ of mandamus in case in which relator complained that trial court failed to rule on motions related to a post-conviction petition for writ of habeas corpus).
Relator was convicted of the felony offense of aggravated sexual assault of a child and sentenced to a mandatory life sentence as a repeat sex offender. We affirmed relator's conviction in Livings v. State, No. 01-06-00146-CR, 2007 WL 1500300, at *7 (Tex. App.—Houston [1st Dist.] May 24, 2007, pet. ref'd) (mem. op.; not designated for pub.).
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We dismiss the petition for writ of mandamus for lack of jurisdiction. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp. Do not publish. TEX. R. APP. P. 47.2(b).