in Re Timothy Gaffney ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00892-CR
IN RE Timothy GAFFNEY
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: December 31, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On December 19, 2014, relator Timothy Gaffney filed a pro se petition for writ of
mandamus complaining of the trial court’s failure to rule on a pending motion. Relator was
convicted and sentenced in the underlying criminal matter in October 2012 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. 2010CR1998, styled The State of Texas v. Timothy Gaffney, pending in the
144th Judicial District Court, Bexar County, Texas, the Lorina I. Rummel presiding.
04-14-00892-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DO NOT PUBLISH
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