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In re Drummer

Court of Appeals of Texas, Fourth District, San Antonio
May 20, 2009
No. 04-09-00229-CR (Tex. App. May. 20, 2009)

Opinion

No. 04-09-00229-CR

Delivered and Filed: May 20, 2009. DO NOT PUBLISH.

Original Mandamus Proceeding. Petition for Writ of Mandamus Dismissed for Want of Jurisdiction.

This proceeding arises out of Cause No. 91-CR-1948-A, styled State v. Cornell Drummer, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.

Sitting: KAREN ANGELINI, Justice, PHYLIS SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


On April 20, 2009, relator Cornell Drummer filed a petition for writ of mandamus, seeking to compel the trial court to rule on various post-conviction motions in a final felony proceeding. Relator contends the trial court has deprived him "of a speedier resolution of his challenge to the legalities of his confinement." In 1992, relator was convicted of murder and was sentenced to 99 years' confinement. On May 26, 1993, this court affirmed the conviction. Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2008); Board of Pardons Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex.Crim.App. 1995) (holding that "Article 11.07 provides the exclusive means to challenge a final felony conviction."). Because the relief sought in relator's petition relates to post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider his petition for writ of mandamus. Accordingly, relator's petition is dismissed for lack of jurisdiction.


Summaries of

In re Drummer

Court of Appeals of Texas, Fourth District, San Antonio
May 20, 2009
No. 04-09-00229-CR (Tex. App. May. 20, 2009)
Case details for

In re Drummer

Case Details

Full title:IN RE Cornell DRUMMER

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: May 20, 2009

Citations

No. 04-09-00229-CR (Tex. App. May. 20, 2009)