Opinion
NO. 03-17-00689-CR
01-25-2018
Marcus J. Mayfield, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT
NO. CR20,113, HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING MEMORANDUM OPINION
Appellant Marcus J. Mayfield, an inmate proceeding pro se, has filed a notice of appeal attempting to challenge what Mayfield contends is a decision by the Texas Board of Pardons and Paroles to deny him parole. Mayfield contends that the denial violates his April 27, 2000, plea agreement with the State, in which Mayfield pleaded guilty to the felony offense of aggravated sexual assault of a child and was sentenced to 35 years' imprisonment. Mayfield further contends that his plea was involuntary.
We construe Mayfield's "appeal" as either an application for writ of habeas corpus challenging the legality of his continued confinement or a petition for writ of mandamus asking this Court to compel the Texas Board of Pardons and Paroles to grant him parole. However, only the Court of Criminal Appeals has jurisdiction to grant post-conviction habeas relief from a final felony conviction. And, to the extent that Mayfield's filing could be construed as a petition for writ of mandamus, this Court does not have mandamus jurisdiction over the Texas Board of Pardons and Paroles. Accordingly, we dismiss Mayfield's appeal for want of jurisdiction.
See Tex. Code Crim. Proc. art. 11.07, § 3; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); In re McAfee, 53 S.W.3d 715 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
See Tex. Gov't Code § 22.221(a), (b); see also In re Noble, No. 03-13-00011-CV, 2013 Tex. App. LEXIS 517, at *2-3 (Tex. App.—Austin Jan. 18, 2013, orig. proceeding) (mem. op.).
Mayfield has also filed in this cause a motion to "annul" the plea agreement, a motion to "take responsibility" of this appeal, and a "motion for directed verdict" in any hearing in this matter that is held in the court below. We dismiss these motions as moot.
/s/_________
Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Bourland Dismissed for Want of Jurisdiction Filed: January 25, 2018 Do Not Publish