Opinion
NO. 09-15-00319-CR
08-26-2015
IN RE OTTO CAULEY
Original Proceeding 1A District Court of Newton County, Texas
Trial Cause No. ND-6336
MEMORANDUM OPINION
In his petition for a writ of mandamus, Otto Cauley asks that the Court compel the judge of the 1A District Court of Newton County, Texas to hold a hearing and make findings of fact and conclusions of law on a motion for new trial that Cauley says he filed in Trial Court Case Number ND-6336 on May 9, 2015. He identifies a case where his conviction has been affirmed on appeal and the mandate has issued. See generally Cauley v. State, No. 09-11-00034-CR, 2012 WL 1448375, at *4 (Tex. App.—Beaumont Apr. 25, 2012, pet. ref'd) (mem. op., not designated for publication). "The trial court's jurisdiction expires when a case becomes final or is taken to a higher court." In re State ex rel. Sistrunk, 142 S.W.3d 497, 503 (Tex. App.—Houston [14th Dist.] 2004, orig. proceeding). Because the trial court had no jurisdiction to consider Cauley's motion for new trial, the trial court did not err by refusing to hold a hearing on it. See In re Pettigrew, 301 S.W.3d 920, 922-23 (Tex. App.—Tyler 2009, orig. proceeding); see also Tex. R. App. P. 21.4(a).
PETITION DENIED.
PER CURIAM Submitted on August 25, 2015
Opinion Delivered August 26, 2015
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.