Opinion
No. 08-05-00320-CR
October 27, 2005. DO NOT PUBLISH.
An Original Proceeding in Mandamus.
Before Barajas, C.J., McClure, and Chew, JJ.
OPINION
Relator has filed a petition for writ of mandamus, complaining that the trial court has failed to act on his post-conviction petition for writ of habeas corpus. This Court does not have jurisdiction over matters related to post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991; In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding. The Court of Criminal Appeals has the authority to issue a writ of mandamus when the trial court fails to act on a petition for writ of habeas corpus. See, e.g., Martin v. Hamlin, 25 S.W.3d 718, 719 (Tex.Crim.App. 2000; McCree v. Hampton, 824 S.W.2d 578, 579 (Tex.Crim.App. 1992. The petition for writ of mandamus is dismissed for lack of jurisdiction.