Opinion
NO. 09-14-00317-CR
08-20-2014
IN RE AARON CHARLES HILL
Original Proceeding
MEMORANDUM OPINION
Relator Aaron Charles Hill filed a petition for writ of mandamus, in which he complains that the Clerk of the Ninth Court of Appeals failed to forward a copy of his post-conviction application for writ of habeas corpus to the Court of Criminal Appeals. The Clerk of the Court of Appeals has no role in forwarding post-conviction habeas petitions to the Court of Criminal Appeals; rather, the clerk of the convicting court must transmit the application to the Court of Criminal Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(c) (West Supp. 2013). We take judicial notice that the District Clerk of Jefferson County is Jane Birge, and we consider this petition as if she had been named as the respondent. See Tex. R. Evid. 201; Tex. R. App. P. 52.2.
This Court recently affirmed the trial court's judgments of conviction. Hill v. State, Nos. 09-13-00479-CR, 09-13-00480-CR, 2014 WL 3387383 (Tex. App.—Beaumont July 9, 2014, no pet. h.).
Other than to protect our jurisdiction, this Court's mandamus jurisdiction does not extend to the District Clerk. See Tex. Gov't Code Ann. § 22.221 (West 2004). The proceedings at issue are post-conviction matters that do not implicate this Court's jurisdiction. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a). Mandamus relief in a post-conviction habeas proceeding must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we deny the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM Submitted on August 19, 2014
Opinion Delivered August 20, 2014
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.