Opinion
NO. 01-17-00698-CR
10-12-2017
IN RE GREGORY CARRAWAY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Gregory Carraway, has filed a pro se petition for a writ of mandamus seeking to compel the respondent district judge to enforce a plea bargain by granting his pending motion to set aside/vacate the judgment and sentence in his underlying 2004 felony aggravated robbery conviction. We dismiss the petition for want of jurisdiction.
The underlying case is The State of Texas v. Gregory Carraway, Cause No. 971663, in the 262nd District Court, Harris County, Texas, the Honorable Denise Bradley presiding. This Court previously denied relator's mandamus petition seeking to compel respondent to rule on a similar motion under the same trial court cause number. See In re Gregory Carraway, No. 01-16-00958-CR, 2016 WL 7670940, at *1 (Tex. App.—Houston [1st Dist.] Dec. 22, 2016, orig. proceeding) (per curiam) (mem. op., not designated for publication).
Because relator's petition involves a final post-conviction felony proceeding, it is governed by Article 11.07 of the Texas Code of Criminal Procedure. See In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Only the Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a) (West 2015) (stating that, "[a]fter final conviction in any felony case, the writ must be made returnable to the Court of Criminal Appeals of Texas at Austin, Texas."); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013). "Article 11.07 contains no role for the court of appeals. To complain about any action, or inaction, of the convicting court, the applicant may seek mandamus relief from the Court of Criminal Appeals." In re Briscoe, 230 S.W.3d 196, 196-197 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding); see also Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995).
Accordingly, we dismiss relator's petition for want of jurisdiction.
PER CURIAM Panel consists of Justices Higley, Massengale, and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b).