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In re Wormington

Court of Appeals For The First District of Texas
Jun 10, 2014
NO. 01-13-01036-CR (Tex. App. Jun. 10, 2014)

Opinion

NO. 01-13-01036-CR

06-10-2014

IN RE DAVID CARL WORMINGTON, Relator


Original Proceeding on Petition for Writ of Mandamus


MEMORANDUM OPINION

Relator, David Carl Wormington, has filed a petition for writ of mandamus, seeking to compel respondent, the Honorable Mary Bacon, to rule on his "petition filed under 11.05 Texas Code of Criminal Procedure."

The petition identifies the underlying case as cause number 1005810, Ex parte David Wormington, in the 184th District Court of Harris County Texas, the Honorable Jan Krocker presiding.

This Court does not have jurisdiction to grant relator's requested relief. Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction habeas corpus proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2013); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). We have no authority to issue writs of mandamus in criminal law matters relating to final post-conviction felony proceedings. See In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

Conclusion

Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

In re Wormington

Court of Appeals For The First District of Texas
Jun 10, 2014
NO. 01-13-01036-CR (Tex. App. Jun. 10, 2014)
Case details for

In re Wormington

Case Details

Full title:IN RE DAVID CARL WORMINGTON, Relator

Court:Court of Appeals For The First District of Texas

Date published: Jun 10, 2014

Citations

NO. 01-13-01036-CR (Tex. App. Jun. 10, 2014)