Opinion
No. 04-10-00488-CR
Delivered and Filed: July 14, 2010. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Injunction Dismissed for Lack of Jurisdiction.
This proceeding arises out of Cause No. 2001-CR-4941, styled State of Texas v. John G. Mass, in the 227thJudicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.
Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On June 30, 2010, relator John Gerald Mass filed a petition for writ of mandamus, complaining of the trial court's failure to rule on his motion for an out-of-time appeal. However, 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. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). Accordingly, relator's petition is DISMISSED FOR LACK OF JURISDICTION.