in Re Justin Emar Moore ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00863-CR
IN RE Justin Emar MOORE
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: December 23, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On December 11, 2014, relator Justin Emar Moore filed a pro se petition for writ of
mandamus complaining of the trial court’s denial of his application for writ of habeas corpus. See
TEX. CODE CRIM. PROC. ANN. arts. 11.05, 11.07 (West 2005 & Supp. 2014). In 2012, relator was
convicted on multiple counts of aggravated sexual assault of a child and indecency with a child by
contact, and was sentenced to life imprisonment. On January 9, 2013, this court affirmed the
judgment of conviction in Cause No. 04-12-00043-CR. Therefore, relator’s felony conviction
became final.
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,
1
This proceeding arises out of Cause No. 2010CR4143, styled The State of Texas v. Justin Emar Moore, pending in
the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary D. Roman presiding.
04-14-00863-CR
802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07;
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 that “Article 11.07 provides the exclusive 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 for writ of mandamus is dismissed for lack
of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-