Opinion
09-24-00233-CR
07-24-2024
IN RE RAYMOND PEOPLES
Do Not Publish
Submitted on July 23, 2024
Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 16-24808
Before Johnson, Wright and Chambers, JJ.
MEMORANDUM OPINION
PER CURIAM
Raymond Peoples seeks mandamus relief in connection with a postconviction habeas corpus proceeding. See Tex. R. App. P. 52. The Court of Criminal Appeals exclusively possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction. Padieu v. Court of Appeals of Tex., Fifth Dist, 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig. proceeding). In recognition of the exclusive jurisdiction of the Court of Criminal Appeals and the mandamus authority exercised by that court in the protection of its habeas jurisdiction, we will not act on a mandamus petition filed to compel the trial court to act in a proceeding under Article 11.07 of the Texas Code of Criminal Procedure. In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.-Houston [1st Dist.] 2001, orig. proceeding); see also Tex. Code Crim. Proc. Ann. art. 11.07. "Should an applicant find it necessary to complain about an action or inaction of the convicting court, the applicant may seek mandamus relief from the Court of Criminal Appeals." McAfee, 53 S.W.3d at 718. Accordingly, we dismiss the petition for a writ of mandamus.
PETITION DISMISSED.