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In re Raymond Peoples

Court of Appeals of Texas, Ninth District, Beaumont
Jul 24, 2024
No. 09-24-00233-CR (Tex. App. Jul. 24, 2024)

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Do Not Publish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.


Summaries of

In re Raymond Peoples

Court of Appeals of Texas, Ninth District, Beaumont
Jul 24, 2024
No. 09-24-00233-CR (Tex. App. Jul. 24, 2024)
Case details for

In re Raymond Peoples

Case Details

Full title:IN RE RAYMOND PEOPLES

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jul 24, 2024

Citations

No. 09-24-00233-CR (Tex. App. Jul. 24, 2024)