in Re Nkrumah Lamumba Valier ( 2017 )

Opinion issued April 25, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00058-CR
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IN RE NKRUMAH LAMUMBA VALIER, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Nkrumah Lamumba Valier, incarcerated and proceeding pro se, has
filed a petition for a writ of mandamus.1 Relator seeks issuance of a writ to compel
respondent, the Honorable Jan Krocker, to rule on a post-conviction motion to void
his felony conviction for sexual assault.
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The underlying case is The State of Texas v. Nkrumah Lamumba Valier, Cause No.
1030025, in the 184th District Court of Harris County, the Honorable Jan Krocker
presiding.
Relator’s petition reflects that he seeks relief from a final felony conviction.
Because his petition involves a final post-conviction felony proceeding, article 11.07
of the Texas Code of Criminal Procedure governs and provides the exclusive means
to challenge the conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon
2015); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex.
Crim. App. 2013) (citations omitted); Bd. of Pardons & Paroles ex rel. Keene v.
Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995)
(citation omitted). Only the Texas Court of Criminal Appeals has jurisdiction in
final post-conviction proceedings. In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—
Houston [1st Dist.] 2001, orig. proceeding) (citation omitted); see In re Briscoe, 230
S.W.3d 196, 196–97 (Tex. App.–Houston [14th Dist.] 2006, orig. proceeding)
(“Article 11.07 contains no role for the courts of appeals.”). Accordingly, we do not
have jurisdiction over relator’s mandamus petition.
We dismiss the petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
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