Opinion
No. 14-09-00466-CR
Memorandum Opinion filed June 2, 2009. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).
Original Proceeding. Writ of Mandamus.
Panel consists of Chief Justice HEDGES and Justices YATES and FROST.
MEMORANDUM OPINION
On May 19, 2009, relator, Ronald Clifton Word, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann `22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. In his petition, relator states he filed an application for writ of habeas corpus with the 178th District Court, seeking to remove a void conviction from his record. Relator complains that the respondent, Loren Jackson, Harris County District Clerk, instead of filing his application, sent him a post-conviction form, which he asserts is inapplicable to the "adjudication of served convictions." Relator requests that we compel Jackson to file and submit his application to the judge of the 178th District Court. A court of appeals has the authority to issue writ of mandamus against a judge of a district or county court in the court of appeals' district and all writs necessary to enforce its jurisdiction. Tex. Gov't Code Ann. § 22.221(b). For a district clerk to come within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692-93 (Tex.App.-San Antonio 1998, orig. proceeding). Relator seeks post-conviction habeas relief. Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding). This includes assertions of void convictions. See id. (holding court of appeals abused its discretion by granting mandamus relief on relator's assertion of void judgment) Relator has not shown that the exercise of our mandamus authority against Jackson is necessary to enforce our jurisdiction. Therefore, we have no authority to issue a writ of mandamus against Jackson. Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.