Opinion
No. 08-04-00237-CR
September 9, 2004. DO NOT PUBLISH.
An Original Proceeding in Mandamus.
Before Panel No. 3, BARAJAS, C.J., LARSEN, and CHEW, JJ.
MEMORANDUM OPINION ON WRIT OF MANDAMUS
Relator Gerald Williams has filed a petition for writ of mandamus, complaining of the trial court's failure to act on his post-conviction application for writ of habeas corpus. The documents attached to Relator's mandamus petition indicate that the trial court has not acted on the habeas application for over four years. This Court, however, does not have jurisdiction over matters related to post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). Only the Court of Criminal Appeals has the authority to issue a writ of mandamus compelling a trial court to act on a petition for writ of habeas corpus. See McAfee, 53 S.W.3d at 718; see also Martin v. Hamlin, 25 S.W.3d 718, 719 (Tex.Crim.App. 2000); McCree v. Hampton, 824 S.W.2d 578, 578-79 (Tex.Crim.App. 1992). Accordingly, the petition for writ of mandamus is dismissed.
A letter to Relator from a deputy district clerk, dated April 13, 2004, states that the clerk's office received Relator's habeas application on June 28, 2000. On June 30, 2000, the trial court signed an order designating issues and granting the State's motion to file an amended answer. The letter from the deputy district clerk states that there has been no further order from the trial court.