Opinion
No. 01-09-01007-CR
Opinion issued March 12, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices KEYES, SHARP and MASSENGALE.
MEMORANDUM OPINION
Relator, Lamar Burks, filed in this Court a petition for writ of mandamus, complaining that the trial court judge presiding over his post-conviction writ of habeas corpus, filed as cause number 843968-A, should be removed from his case and that all orders entered by the trial court judge should be vacated. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2009). We deny the petition. This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See 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 re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.-Houston [1st Dist.] 2001, orig. proceeding); TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (Vernon Supp. 2009). The petition for writ of mandamus is dismissed for lack of jurisdiction. Any pending motions are denied as moot.
Respondent is the Honorable Denise Collins, Judge, 208th District Court, Harris County, Texas.
Appellant was convicted in trial court cause number 843968 of the offense of murder. Appellant gave notice of appeal and the appeal was assigned to this Court. By order of the Supreme Court the appeal was transferred to the 4thCourt of Appeals. See Burks v. State, No. 04-01-00041-CR, 2002 WL1758292 (Tex. App.-San Antonio [4th Dist.] July 31, 2002, no pet.) (not designated for publication).