Opinion
No. 04-11-00784-CR
11-16-2011
IN RE Harold BOWENS Original Mandamus Proceeding1
MEMORANDUM OPINION
PER CURIAM Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Steven C. Hilbig, Justice
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF
JURISDICTION
On October 31, 2011, relator Harold Bowens filed a petition for writ of mandamus, complaining the trial court has failed to rule on his post-conviction petition for writ of habeas corpus. In 1985, relator was convicted of murder and was sentenced to life in prison. No appeal was taken in this court. Therefore, relator's felony conviction became final.
Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2011); 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."). Because the relief sought in relator's petition relates to post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider his petition for writ of mandamus.
Accordingly, relator's petition is DISMISSED FOR LACK OF JURISDICTION.
PER CURIAM DO NOT PUBLISH