Summary
dismissing original proceeding seeking writ ordering trial court to comply with article 11.07
Summary of this case from In re ThibodeauxOpinion
No. 05-06-01466-CV
Opinion issued November 15, 2006.
Original Proceeding from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause Nos. W02-34875-Ja and W02-34874-JA.
Writ of Mandamus Dismissed.
Before Justices MOSELEY, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Relator seeks mandamus relief to order the trial court to comply with the habeas corpus procedures of article 11.07 of the code of criminal procedure. Relator is seeking post-conviction relief from his two felony convictions. The courts of appeal have no authority to issue writs of mandamus in criminal matters pertaining to proceedings under Tex. Code Crim. Proc. Ann. art. 11.07; only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005); In re McFee, 53 S.W.3d 715, 717 (Tex.App.-Houston [1st Dist.] 2001, no pet.). Accordingly, we DISMISS relator's petition for writ of mandamus. See Tex.R.App.P. 52.8(a).