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In re Acosta

Court of Appeals of Texas, First District, Houston
Oct 6, 2011
No. 01-11-00713-CR (Tex. App. Oct. 6, 2011)

Opinion

NO. 01-11-00713-CR

10-06-2011

IN RE CHRISTOPHER v. ACOSTA, Relator


Original Proceeding on Petition for Writ of Mandamus


MEMORANDUM OPINION

Relator, Christopher V. Acosta, has filed a pro se petition for writ of mandamus, complaining that the trial court has failed to act on his application for writ of habeas corpus in the manner proscribed by law. See TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3(c) (West 2005).

Relator has identified the underlying habeas corpus proceeding as Ex parte Acosta, No. 924847-A, in the 183rd District Court of Harris County, Texas, the Honorable Vanessa Velasquez presiding.

This Court does not have jurisdiction over matters related to applications for writ of habeas corpus under article 11.07. See TEX. CODE CRIM. PROC. ANN. art. 11.07 §§ 3, 5; In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) ("Article 11.07 contains no role for the courts of appeals; the only courts referred to are the convicting court and the Court of Criminal Appeals). Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction, and we dismiss all outstanding motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

In re Acosta

Court of Appeals of Texas, First District, Houston
Oct 6, 2011
No. 01-11-00713-CR (Tex. App. Oct. 6, 2011)
Case details for

In re Acosta

Case Details

Full title:IN RE CHRISTOPHER V. ACOSTA, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: Oct 6, 2011

Citations

No. 01-11-00713-CR (Tex. App. Oct. 6, 2011)