in Re Rolanda Ramos ( 2008 )

OPINION ISSUED JUNE 27, 2008

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00514-CR

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IN RE ROLANDO RAMOS, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

Relator, Rolando Ramos, has filed a petition for writ of mandamus requesting that this Court direct the respondent trial court ⁽¹⁾ to vacate its post-conviction order of August 22, 1991 and direct respondent to issue a ruling on a post-conviction writ of habeas corpus. ⁽²⁾

Relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, and it does not certify that a copy was served on respondent. ⁽³⁾ See Tex. R. App. P. 9.5, 52.3(j).

Moreover, this Court has no authority to issue a writ of mandamus to compel a district court judge to rule on a petition for writ of habeas corpus in which the judgment of conviction is final. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding). This is because jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2007).

Therefore, the petition for writ of mandamus is dismissed for want of jurisdiction.

It is so ORDERED.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Higley.  

Do not publish. Tex. R. App. P. 47.2(b).

1. Relator names as respondent the Honorable Patricia Lykos, 180th District Court Judge (1981-1994), Harris County.

2. Relator entered a plea of guilty to the offense of burglary, in trial court cause number 604443, on August 22, 1991. The trial court sentenced appellant to confinement for 15 years.

3. The certificate of service states that the mandamus was sent to the Clerk of Court for the First Court of Appeals.