Opinion
No. 04-05-00266-CV
Delivered and Filed: May 11, 2005.
This proceeding arises out of Cause No. 2002-CR-4562-W1, in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.
Petition for Writ of Mandamus Dismissed for Want of Jurisdiction.
Sitting: Sarah B. DUNCAN, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
Roger Canada filed a petition for a writ of mandamus in the 226th Judicial District Court, Bexar County, Texas. On May 2, 2005, the clerk of that court forwarded the petition to this court for disposition. Canada seeks mandamus relief from the convicting court's alleged failure to act on his felony post-conviction application for writ of habeas corpus. The courts of appeals do not have mandamus jurisdiction in matters relating to felony post-conviction applications for writs of habeas corpus. See In re McAfee, 53 S.W.3d 715 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). The Texas Court of Criminal Appeals is the only court with jurisdiction to grant the relief Canada seeks. See Marvin v. Hamlin, 25 S.W.3d 718 (Tex.Crim.App. 2000). Canada's petition for writ of mandamus is therefore dismissed for lack of jurisdiction.
No costs shall be assessed against relator because he is indigent.
The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.