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In re Robinson

Court of Appeals of Texas, Fourth District, San Antonio
Feb 16, 2011
No. 04-11-00099-CR (Tex. App. Feb. 16, 2011)

Opinion

No. 04-11-00099-CR

Delivered and Filed: February 16, 2011. DO NOT PUBLISH.

Original Mandamus Proceeding. Petition for Writ of Mandamus Denied.

This proceeding arises out of Cause No. 2004-CR-0748, styled State of Texas v. Edward Robinson, in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

Sitting: SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.


MEMORANDUM OPINION


On February 7, 2011, relator Edward Robinson filed a petition for writ of mandamus, complaining about his underlying felony conviction. In 2005, relator was convicted of manslaughter and was sentenced to sixteen years' confinement. On March 15, 2006, this court affirmed the judgment in Cause No. 04-05-00482-CR. Therefore, relator's felony conviction became final. Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2008); Board of Pardons Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that "Article 11.07 provides the exclusive means to challenge a final felony conviction."). Because the relief sought in relator's petition relates to post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider his petition for writ of mandamus. Accordingly, relator's petition is DISMISSED FOR LACK OF JURISDICTION.


Summaries of

In re Robinson

Court of Appeals of Texas, Fourth District, San Antonio
Feb 16, 2011
No. 04-11-00099-CR (Tex. App. Feb. 16, 2011)
Case details for

In re Robinson

Case Details

Full title:IN RE Edward ROBINSON

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Feb 16, 2011

Citations

No. 04-11-00099-CR (Tex. App. Feb. 16, 2011)