From Casetext: Smarter Legal Research

In re Rosenberg

Fourth Court of Appeals San Antonio, Texas
Nov 26, 2014
No. 04-14-00799-CR (Tex. App. Nov. 26, 2014)

Opinion

No. 04-14-00799-CR

11-26-2014

IN RE Michael Joseph ROSENBERG


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause No. 1485, styled The State of Texas v. Michael Joseph Rosenberg, pending in the 49th Judicial District Court, Zapata County, Texas, the Honorable Jose A. Lopez presiding.

On November 17, 2014, relator Michael Joseph Rosenberg filed a pro se petition for writ of mandamus, complaining of the trial court's failure to grant his application for habeas corpus relief. In 2003, relator was convicted of murder following a guilty plea and was sentenced to seventy years' confinement. On October 20, 2004, this court affirmed the judgment of conviction in Cause No. 04-03-00812-CR. Relator's felony conviction thus became final.

See Rosenberg v. State, No. 04-03-00812-CR, 2004 WL 2346269, at *2 (Tex. App.—San Antonio Oct. 20, 2004, no pet.) (mem. op., not designated for publication).
--------

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. 2014); 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 postconviction 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.

PER CURIAM DO NOT PUBLISH


Summaries of

In re Rosenberg

Fourth Court of Appeals San Antonio, Texas
Nov 26, 2014
No. 04-14-00799-CR (Tex. App. Nov. 26, 2014)
Case details for

In re Rosenberg

Case Details

Full title:IN RE Michael Joseph ROSENBERG

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 26, 2014

Citations

No. 04-14-00799-CR (Tex. App. Nov. 26, 2014)