in Re Robert Luis Colon ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00373-CR
IN RE Robert Luis COLON
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Jason Pulliam, Justice
Delivered and Filed: July 8, 2015
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On June 22, 2015, relator Robert Luis Colon filed a pro se petition for writ of mandamus
challenging his convictions in five underlying criminal matters. In 1984, relator was convicted of
the felony offenses of indecency with a child, aggravated rape of a child, and three counts of
burglary of a habitation. On August 30, 1985, this court affirmed relator’s convictions in Appeal
No. 04-84-00177-CR. Colon v. State, 696 S.W.2d 267, 268 (Tex. App.—San Antonio 1985, pet.
ref’d). Therefore, relator’s felony convictions 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,
802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07
1
This proceeding arises out of Cause Nos. 83CR2420, 83CR2421, 83CR2422, 83CR2423 and 83CR2424, styled The
State of Texas v. Robert Luis Colon, in the 227th Judicial District Court, Bexar County, Texas.
04-15-00373-CR
(West 2015); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910
S.W.2d 481, 483 (Tex. Crim. App. 1995) (en banc) (holding “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 is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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