in Re David Carl Wormington ( 2014 )

Opinion issued June 10, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-01036-CR
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IN RE DAVID CARL WORMINGTON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, David Carl Wormington, has filed a petition for writ of mandamus,
seeking to compel respondent, the Honorable Mary Bacon, to rule on his “petition
filed under 11.05 Texas Code of Criminal Procedure.”1
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The petition identifies the underlying case as cause number 1005810, Ex parte
David Wormington, in the 184th District Court of Harris County Texas, the
Honorable Jan Krocker presiding.
This Court does not have jurisdiction to grant relator’s requested relief. Only
the Texas Court of Criminal Appeals has jurisdiction in final post-conviction
habeas corpus proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West
Supp. 2013); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117
(Tex. Crim. App. 2013); Bd. of Pardons & Paroles ex rel. Keene v. Court of
Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). We have
no authority to issue writs of mandamus in criminal law matters relating to final
post-conviction felony proceedings. See In re McAfee, 53 S.W.3d 715, 717 (Tex.
App.—Houston [1st Dist.] 2001, orig. proceeding).
Conclusion
Accordingly, we dismiss the petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Bland, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
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