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In re Marco Ortiz

Court of Appeals of Texas, Fourteenth District, Houston
Jan 31, 2008
No. 14-08-00046-CV (Tex. App. Jan. 31, 2008)

Opinion

No. 14-08-00046-CV

Opinion filed January 31, 2008.

Original Proceeding Writ of Mandamus.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and BOYCE.


MEMORANDUM OPINION


On January 23, 2008, relator, Marcos Ortiz, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann § 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.

In his petition, relator alleges that his conviction was secured by the prosecutor's use of a fraudulent audio tape of the victim's 9-1-1 call. Relator requests that we compel respondent, the presiding judge of the 56th District Court, Galveston County, to hold a hearing to determine whether the tape was tampered with.

Relator seeks post-conviction habeas relief. Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding).

Because we do not have jurisdiction over the requested relief, the petition for writ of mandamus is ordered dismissed.


Summaries of

In re Marco Ortiz

Court of Appeals of Texas, Fourteenth District, Houston
Jan 31, 2008
No. 14-08-00046-CV (Tex. App. Jan. 31, 2008)
Case details for

In re Marco Ortiz

Case Details

Full title:IN RE MARCO ORTIZ, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jan 31, 2008

Citations

No. 14-08-00046-CV (Tex. App. Jan. 31, 2008)