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In re Perez

Court of Appeals of Texas, First District, Houston
Nov 30, 2006
NO. 01-06-00964-CR (Tex. App. Nov. 30, 2006)

Opinion

NO. 01-06-00964-CR.

November 30, 2006. DO NOT PUBLISH.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 BLAND.


MEMORANDUM OPINION


Relator, Mark Anthony Perez, filed in this Court a petition for writ of mandamus, complaining that respondent has failed to require "Jones W. Roach" to file an affidavit that relator needs for an article 11.07 writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2005). We deny the petition. This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See Board of Pardons Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding); TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (Vernon Supp. 2005). The petition for writ of mandamus is dismissed for lack of jurisdiction.

Respondent is the Honorable Brian Rains, Judge, 176th District Court, Harris County.


Summaries of

In re Perez

Court of Appeals of Texas, First District, Houston
Nov 30, 2006
NO. 01-06-00964-CR (Tex. App. Nov. 30, 2006)
Case details for

In re Perez

Case Details

Full title:IN RE MARK ANTHONY PEREZ, Relator

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

Date published: Nov 30, 2006

Citations

NO. 01-06-00964-CR (Tex. App. Nov. 30, 2006)