in Re Christopher S. Ortiz ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00819-CR
IN RE Christopher S. ORTIZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: December 10, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On November 25, 2014, relator Christopher Ortiz filed a pro se petition for writ of
mandamus, complaining of the trial court’s failure to file and place on the docket relator’s motions
for post-conviction relief. In 2011, relator was convicted of aggravated sexual assault and no direct
appeal of his conviction or sentence was taken to this court.
Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-
conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals,
802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07
(West Supp. 2014); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth
Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding “Article 11.07 provides the exclusive
1
This proceeding arises out of Cause No. 2009CR11043, styled The State of Texas v. Christopher S. Ortiz, pending
in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen Jr. presiding.
04-14-00819-CR
means to challenge a final felony conviction.”). Because the relief sought in relator’s petition
relates to post-conviction relief from an otherwise final felony conviction, we are without
jurisdiction to consider his petition for writ of mandamus. Accordingly, relator’s petition is
dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-