Opinion
No. 04-12-00453-CR
08-08-2012
IN RE David SALINAS
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 1991-CR-0208, styled State of Texas v. David Salinas, in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.
PER CURIAM Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF
JURISDICTION
On July 30, 2012, relator David Salinas filed a petition for writ of mandamus, complaining the Texas Department of Criminal Justice failed to credit his sentence after the trial court entered a judgment nunc pro tunc.
However, 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 2011); 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.
PER CURIAM DO NOT PUBLISH