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In re Altschul

Court of Appeals of Texas, First District, Houston
Jul 6, 2007
No. 01-07-00439-CR (Tex. App. Jul. 6, 2007)

Opinion

No. 01-07-00439-CR

Opinion issued July 6, 2007. DO NOT PUBLISH Tex. R. App. P. 47.2(b).

Original Petition for Writ of Habeas Corpus.

Panel Consists Of Justices TAFT, JENNINGS, and ALCALA.


MEMORANDUM OPINION


Relator, Todd Warren Altschul, petitions this Court for a post-conviction writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2004). This Court has no jurisdiction to hear a post-conviction application for writ of habeas corpus in felony cases. Board of Pardons Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995). In support of his petition, relator erroneously relies on Padilla v. McDaniel, 122 S.W.3d 805 (Tex.Crim.App. 2003). However, the Texas Court of Criminal Appeals in Padilla held that when it and a court of appeals have concurrent original jurisdiction of a petition for writ of mandamus against the judge of a district or county court, the petition should be presented first to the court of appeals. Id. at 808. In this proceeding, relator is not requesting mandamus relief, but habeas corpus relief. Accordingly, we dismiss relator's application for writ of habeas corpus for want of jurisdiction and deny all requested relief.


Summaries of

In re Altschul

Court of Appeals of Texas, First District, Houston
Jul 6, 2007
No. 01-07-00439-CR (Tex. App. Jul. 6, 2007)
Case details for

In re Altschul

Case Details

Full title:IN RE TODD WARREN ALTSCHUL, Relator

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

Date published: Jul 6, 2007

Citations

No. 01-07-00439-CR (Tex. App. Jul. 6, 2007)