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In re Mireles

Court of Appeals of Texas, First District, Houston
Feb 19, 2009
No. 01-09-00079-CR (Tex. App. Feb. 19, 2009)

Opinion

No. 01-09-00079-CR

Opinion issued February 19, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Chief Justice RADACK and Justices ALCALA and HANKS.


MEMORANDUM OPINION


Relator, Fabian Javier Mireles, has filed a petition for writ of mandamus requesting that this Court compel Judge Reagin to allow relator to proceed in forma pauperis in trial court cause number 828498. However, appellant has exhausted his appellate remedies in trial court cause number 828498. See Mireles v. State, 2002 WL 576107 (Tex. App — Houston [14th Dist.] April 18, 2002, pet. ref'd). Moreover, the Court of Criminal Appeals has exclusive jurisdiction over post-conviction writs of habeas corpus in felony cases. In re Briscoe, 230 S.W.3d 196, 196 (Tex.App.-Houston [14th Dist.] 2006) (orig. proceeding). To complain about any action or inaction of the convicting court in relation to a post-conviction writ, the applicant may seek mandamus relief from the Court of Criminal Appeals. Id. We deny the petition for writ of mandamus.

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Summaries of

In re Mireles

Court of Appeals of Texas, First District, Houston
Feb 19, 2009
No. 01-09-00079-CR (Tex. App. Feb. 19, 2009)
Case details for

In re Mireles

Case Details

Full title:IN RE FABIAN JAVIER MIRELES, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 19, 2009

Citations

No. 01-09-00079-CR (Tex. App. Feb. 19, 2009)