Opinion
No. 04-16-00625-CR
10-12-2016
IN RE Cornell DRUMMER
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Jason Pulliam, Justice DISMISSED FOR WANT OF JURISDICTION
This proceeding arises out of Trial Court Cause No. 91-CR-1948A, styled State v. Cornell Drummer, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Lorina I. Rummel presiding. --------
Relator Cornell Drummer was convicted of murder and sentenced to 99 years' imprisonment in 1992. Relator appealed his conviction to this court and we affirmed the trial court's judgment in a written opinion on May 26, 1993. The judgment became final on January 13, 1994 when the mandate was issued.
On September 28, 2016, relator filed a pro se motion for leave to file a petition for writ of mandamus and the mandamus petition in this court seeking to compel the trial court to rule on his "Motion to Dismiss Court Appointed Appellate Counsel." Relator contends the trial court has failed to exercise its ministerial duty to rule on his motion, and asserts the motion to dismiss court-appointed appellate counsel must first be granted before relator may file a pro se application for post-conviction habeas corpus relief. Relator did not attach a copy of the motion as required. See TEX. R. APP. P. 52.3(k) (required contents of appendix), 52.7(a) (required contents of mandamus record).
We have no jurisdiction over post-conviction matters in final felony cases. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (exclusive authority to grant post-conviction relief rests with the Texas Court of Criminal Appeals); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding); see also TEX. CODE CRIM. PROC. ANN. art. 26.04(j)(2) (West Supp. 2016) (attorney appointed to represent an indigent defendant on appeal only remains attorney of record until all appeals are exhausted).
Because relator's motion for leave and petition for writ of mandamus seek post-conviction relief, the motion and petition are dismissed for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH