Opinion
No. 09-09-335-CV
Opinion Delivered August 27, 2009.
Original Proceeding.
Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.
MEMORANDUM OPINION
Lionel D. Murphy filed a petition for writ of mandamus in which he seeks to compel the trial court to forward his application for a writ of habeas corpus to the Court of Criminal Appeals for filing. Murphy's petition for writ of mandamus states that he filed his application for writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 11.07 (Vernon Supp. 2008).
Mandamus relief in a post-conviction habeas proceeding under article 11.07 must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.-Houston [1st Dist.] 2001, orig. proceeding). The relator has failed to establish that he is entitled to the relief requested from this Court in his petition for writ of mandamus. See id. Accordingly, we deny the petition for writ of mandamus.
PETITION DENIED.