in Re Otto Cauley ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-15-00319-CR
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IN RE OTTO CAULEY
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Original Proceeding
1A District Court of Newton County, Texas
Trial Cause No. ND-6336
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MEMORANDUM OPINION
In his petition for a writ of mandamus, Otto Cauley asks that the Court
compel the judge of the 1A District Court of Newton County, Texas to hold a
hearing and make findings of fact and conclusions of law on a motion for new trial
that Cauley says he filed in Trial Court Case Number ND-6336 on May 9, 2015.
He identifies a case where his conviction has been affirmed on appeal and the
mandate has issued. See generally Cauley v. State, No. 09-11-00034-CR, 2012 WL
1448375, at *4 (Tex. App.—Beaumont Apr. 25, 2012, pet. ref’d) (mem. op., not
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designated for publication). “The trial court’s jurisdiction expires when a case
becomes final or is taken to a higher court.” In re State ex rel. Sistrunk, 142
S.W.3d 497, 503 (Tex. App.—Houston [14th Dist.] 2004, orig. proceeding).
Because the trial court had no jurisdiction to consider Cauley’s motion for new
trial, the trial court did not err by refusing to hold a hearing on it. See In re
Pettigrew, 301 S.W.3d 920, 922-23 (Tex. App.—Tyler 2009, orig. proceeding);
see also Tex. R. App. P. 21.4(a).
PETITION DENIED.
PER CURIAM
Submitted on August 25, 2015
Opinion Delivered August 26, 2015
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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