Opinion
NO. 01-17-00193-CR
04-11-2017
IN RE MICHAEL WAYNE COMEAUX, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Michael Wayne Comeaux, proceeding pro se and incarcerated, has filed a petition for writ of mandamus seeking to compel the respondent trial judge to rule on his pending pro se motion filed in his underlying felony habeas corpus proceeding. Relator's motion is entitled, "Motion for Expiration of Duty To Register To Remove Sex Offender Registration Requirement And Registration Information From Law [E]nforcement Agency And Registration Information From The Board And Pardon And Parole Recorder's Database."
The underlying case is Ex parte Michael Wayne Comeaux, Cause No. 648558-A, pending in the 263rd District Court, Harris County, Texas, the Honorable Jim Wallace presiding.
We dismiss the petition for a writ of mandamus for want of jurisdiction because relator seeks to compel a ruling on his pending motion filed in an article 11.07 habeas proceeding. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a) (West 2015) ("After final conviction in any felony case, the writ [of habeas corpus] must be made returnable to the Court of Criminal Appeals of Texas at Austin, Texas.").
PER CURIAM Panel consists of Justices Jennings, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).