In re Williams

Full title: IN RE BRYAN WILLIAMS, Relator

Court: Court of Appeals of Texas, First District, Houston

Date published: Jun 8, 2009

No. 01-08-01002-CR (Tex. App. Jun. 8, 2009)

Opinion

No. 01-08-01002-CR

Opinion issued June 8, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Chief Justice RADACK, and Justices SHARP and TAFT.⁴

4 The Honorable Tim Taft, retired justice, Court of Appeals for the First District of Texas, participating by assignment.

MEMORANDUM OPINION

PER CURIAM.

Relator, Bryan Williams, filed a petition for writ of mandamus complaining that respondent¹ trial court has not provided him with trial records for cause number 1008723. We dismiss the petition for lack of jurisdiction.² This Court has mandamus jurisdiction against a district court judge or county court judge in our district, and all writs necessary to enforce our jurisdiction.³ We have no authority to issue a writ of mandamus unless such is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2008). This Court issued an opinion affirming relator's conviction in cause number 1008723 on April 19, 2007. Our mandate issued on February 26, 2008. See Williams v. State, 2007 WL 1153041 (Tex.App.-Houston [1st Dist.], pet'd ref'd), mem. op., not designated for publication). We no longer have plenary jurisdiction overthedirectappeal. See Tex. R. App. P. 19. Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.

1 Relator does not name the trial court judge. Relator's petition does not contain a certificate of service for the respondent. See Tex. R. App. P. 9.5.

2 Relator does not name the trial court judge. Relator's petition does not contain a certificate of service for the respondent. See Tex. R. App. P. 9.5.

3 This Court has no authority to issue writs of mandamus in criminal law matters pertaining to post conviction habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See Board of Pardons Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon 2008).