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In re Flores

Court of Appeals of Texas, Fourth District, San Antonio
Sep 22, 2021
No. 04-21-00382-CR (Tex. App. Sep. 22, 2021)

Opinion

04-21-00382-CR

09-22-2021

IN RE Jaime FLORES, Relator


DO NOT PUBLISH

Original Proceeding

This proceeding arises out of Cause No. 2006-CR-6091, styled The State of Texas v. Jaime Flores.

Sitting: Patricia O. Alvarez, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM.

DISMISSED FOR LACK OF JURISDICTION

In his petition for writ of mandamus, relator asks this court to direct the trial court to withdraw relator's allegedly unknowing, unintelligent, and involuntary 2007 plea of guilty. Intermediate courts of appeals have limited writ jurisdiction in criminal matters. See TEX. GOV'T CODE § 22.221. The Texas Court of Criminal Appeals, however, has jurisdiction in final postconviction habeas corpus proceedings. See TEX. CODE CRIM. PROC. arts. 4.04, 11.07; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (by granting writ of mandamus to vacate judgment of conviction, court of appeals usurped exclusive authority of Court of Criminal Appeals to grant post-conviction relief). If an applicant finds it necessary to complain about an action or inaction of the convicting court, the applicant may seek relief from the Texas Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.- Houston [1st Dist.] 2001, orig. proceeding). This court lacks jurisdiction over relator's complaints regarding his 2007 conviction. Accordingly, we dismiss this proceeding for want of jurisdiction.


Summaries of

In re Flores

Court of Appeals of Texas, Fourth District, San Antonio
Sep 22, 2021
No. 04-21-00382-CR (Tex. App. Sep. 22, 2021)
Case details for

In re Flores

Case Details

Full title:IN RE Jaime FLORES, Relator

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

Date published: Sep 22, 2021

Citations

No. 04-21-00382-CR (Tex. App. Sep. 22, 2021)