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In re Hurtado

Fourth Court of Appeals San Antonio, Texas
Oct 1, 2014
No. 04-14-00665-CR (Tex. App. Oct. 1, 2014)

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DO NOT PUBLISH


Summaries of

In re Hurtado

Fourth Court of Appeals San Antonio, Texas
Oct 1, 2014
No. 04-14-00665-CR (Tex. App. Oct. 1, 2014)
Case details for

In re Hurtado

Case Details

Full title:IN RE Michael HURTADO, Relator

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Oct 1, 2014

Citations

No. 04-14-00665-CR (Tex. App. Oct. 1, 2014)