Opinion
No. 04-14-00665-CR
10-01-2014
IN RE Michael HURTADO, Relator
MEMORANDUM OPINIION
Original Mandamus Proceeding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
This proceeding arises out of Cause No. 2006CR2194C, styled The State of Texas v. Michael Hurtado, pending in the 290th Judicial District Court, Bexar County, Texas, the Honorable Melisa Skinner presiding.
On September 22, 2014, relator Michael Hurtado filed a pro se petition for writ of mandamus raising several complaints related to his criminal case. In the underlying criminal proceeding, relator was convicted of attempted capital murder of a peace officer in June 2007 and no direct appeal of his conviction or sentence was taken to this court. See TEX. PENAL CODE ANN. §19.03(a)(1), (b) (West Supp. 2014).
Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2014); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding "Article 11.07 provides the exclusive means to challenge a final felony conviction."). Because the relief sought in relator's petition relates to post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider his petition for writ of mandamus. Accordingly, relator's petition is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH