Opinion
No. 01-05-00057-CR
Opinion issued March 3, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices NUCHIA, JENNINGS, and ALCALA.
MEMORANDUM OPINION
Relator, William Lester Rice, Jr., filed in this Court a petition for writ of mandamus, complaining that respondent refused to properly process relator's pro se motion to disqualify respondent. According to the petition, the motion was filed in connection with relator's post-conviction writ of habeas corpus in cause number 857604B. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004-2005). 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. 2004-2005). The petition for writ of mandamus is dismissed for lack of jurisdiction.
Respondent is the Honorable Susan Brown, Judge, 185th District Court, Harris County.