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In re Mendez

Court of Appeals of Texas, Fourth District, San Antonio
Jun 9, 2010
No. 04-10-00380-CR (Tex. App. Jun. 9, 2010)

Opinion

No. 04-10-00380-CR

Delivered and Filed: June 9, 2010. DO NOT PUBLISH.

Original Mandamus Proceeding. Petition for Writ of Mandamus Dismissed for Lack of Jurisdiction.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


On May 17, 2010, relator Jesse Mendez filed a petition for writ of mandamus, complaining about the trial court's failure to provide him a free copy of the record and statement of facts from his underlying felony conviction so that he can prepare his post-conviction application for writ of habeas corpus. In 2008, relator was convicted of robbery and was sentenced to 55 years' confinement. On December 30, 2009, this court affirmed the conviction. 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); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2009); 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 that "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.


Summaries of

In re Mendez

Court of Appeals of Texas, Fourth District, San Antonio
Jun 9, 2010
No. 04-10-00380-CR (Tex. App. Jun. 9, 2010)
Case details for

In re Mendez

Case Details

Full title:IN RE Jesse MENDEZ

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 9, 2010

Citations

No. 04-10-00380-CR (Tex. App. Jun. 9, 2010)