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In re Gonzalez

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
No. 04-08-00304-CR (Tex. App. May. 21, 2008)

Opinion

No. 04-08-00304-CR

Delivered and Filed: May 21, 2008. DO NOT PUBLISH

Original Mandamus Proceeding PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause Nos. 2001-CRM-307-D3, 2001-CRJ-309-D3, and 2002-CRP-105-D3, styled State of Texas v. Edmundo Gonzalez, filed in the 341st Judicial District Court, Webb County, Texas, the Honorable Elma Teresa Salinas Ender presiding.

Sitting: CATHERINE STONE, Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


Relator Edmundo Gonzalez has filed a "Petition for Writ of Mandamus" in this court requesting enforcement of the plea bargain agreements underlying his final felony convictions. The limited record before us indicates Gonzalez pled guilty in three criminal causes in 2002 and did not appeal from these convictions. Although the courts of appeals have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). Because the complaint raised in Gonzalez's mandamus petition relates to final post-conviction felony proceedings, we are without jurisdiction to consider his mandamus petition. Accordingly, Gonzalez's petition for a writ of mandamus is dismissed for lack of jurisdiction.


Summaries of

In re Gonzalez

Court of Appeals of Texas, Fourth District, San Antonio
May 21, 2008
No. 04-08-00304-CR (Tex. App. May. 21, 2008)
Case details for

In re Gonzalez

Case Details

Full title:IN RE Edmundo GONZALEZ

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

Date published: May 21, 2008

Citations

No. 04-08-00304-CR (Tex. App. May. 21, 2008)