Opinion
NO. 14-19-00207-CR
04-04-2019
IN RE DARIUS LEMON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
262nd District Court Harris County, Texas
Trial Court Cause No. 1247995
MEMORANDUM OPINION
On March 13, 2019, relator Darius Lemon filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Lori Chambers Gray, presiding judge of the 262nd District Court of Harris County, to hold an evidentiary hearing on relator's claim that the reporter's record has been lost and destroyed and that he is therefore entitled to a new trial.
On May 10, 2011, our court issued an opinion affirming relator's conviction for capital murder. See Lemon v. State, No. 14-10-00616-CR, 2011 WL 1837680, at *1 (Tex. App.—Houston [14th Dist.] May 10, 2011, pet. ref'd) (not designated for publication).
If relator's petition pertains to a pending post-conviction application for writ of habeas corpus regarding the capital-murder conviction, our court lacks jurisdiction of his petition. Courts of appeals generally have no jurisdiction over post-conviction writs of habeas corpus in felony cases or orders entered in such proceedings. See Tex. Code Crim. Proc. Ann. art. 11.07; Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); Board of Pardons and Paroles ex. rel. Keene v. Court of Appeals for the Eighth Dist., 910 S. W.2d 481, 483 (Tex. Crim. App. 1995); In re Briscoe, 230 S.W.3d 196, 196-97 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding). To complain about any action, or inaction, of the convicting court, the applicant may seek relief from the Court of Criminal Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, § 5; In re Ortiz, No. 14-19-00153-CR, 2019 WL 1030563, at *1 (Tex. App.—Houston [14th Dist.] Mar. 5, 2019, orig. proceeding) (mem. op., not designated for publication).
In any event, relator is not entitled to mandamus relief because he has not complied with the requirements of Rule 52.3(a), (b), (c), (d), (f), (g), and (j) and Rule 52.7 of the Texas Rules of Appellate Procedure governing original proceedings.
We therefore deny relator's petition for writ of mandamus.
PER CURIAM Panel consists of Justices Wise, Zimmerer, and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b).