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In re Torres

Court of Appeals of Texas, Fourth District, San Antonio
Jun 11, 2008
No. 04-08-00349-CR (Tex. App. Jun. 11, 2008)

Opinion

No. 04-08-00349-CR

Delivered and Filed: June 11, 2008. DO NOT PUBLISH

Original Mandamus Proceeding. Petition for Writ of Mandamus Dismissed For Lack of Jurisdiction.

This proceeding arises out of Cause No. 3039, styled State of Texas v. Eric Ricardo Torres, filed in the 216th Judicial District Court, Kendall County, Texas.

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


On May 21, 2008, relator filed a petition for writ of mandamus asking this court to order respondent to set aside his 1993 judgment of conviction on the grounds that the sentence was "illegal and unauthorized" because his sentence exceeds the statutory maximum. Although the courts of appeals have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). Because the complaint raised in relator's mandamus petition relates to a final post-conviction felony proceeding, we are without jurisdiction to consider his mandamus petition. Accordingly, relator's petition for a writ of mandamus is dismissed for lack of jurisdiction.


Summaries of

In re Torres

Court of Appeals of Texas, Fourth District, San Antonio
Jun 11, 2008
No. 04-08-00349-CR (Tex. App. Jun. 11, 2008)
Case details for

In re Torres

Case Details

Full title:IN RE Eric Ricardo TORRES

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

Date published: Jun 11, 2008

Citations

No. 04-08-00349-CR (Tex. App. Jun. 11, 2008)

Citing Cases

In re Torres

Because the relief sought in relator's mandamus petition relates to a final post-conviction felony…