in Re Carl Wayne Chambers ( 2006 )

Opinion issued June 9, 2006

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-06-00491-CR

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IN RE CARL CHAMBERS, Relator

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Original Proceeding on Petition for Writ of Mandamus  

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MEMORANDUM OPINION

          Relator, Carl Chambers, has filed a pro se motion for leave to file a writ of mandamus and a petition for mandamus that requests that this Court compel respondent to rule on his petition for writ of habeas corpus. Relator pleaded guilty, on June 23, 1994, to the felony offense of murder in cause number 9408112, and in accordance with his plea bargain agreement with the state, the trial court sentenced appellant to confinement for 45 years.         

          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. Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2005); 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).

          We deny the application for leave to file, and we dismiss the petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Higley.