in Re Joseph Thomas Roberts ( 2014 )

Opinion issued May 22, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-01020-CR
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IN RE JOSEPH THOMAS ROBERTS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Joseph Thomas Roberts, has filed a petition for writ of mandamus,
requesting that we set aside or modify the judgment of conviction in the underlying
cause.1
1
The petition indicates that the underlying proceeding is cause number 10CR1417,
styled State of Texas v. Joseph Thomas Roberts, in the 10th District Court of
Galveston County.
This Court does not have jurisdiction to grant relator’s requested relief. We
have no authority to issue writs of mandamus in criminal law matters relating to
final post-conviction felony proceedings. See TEX. CODE CRIM. PROC. ANN. art.
11.07, § 3(a), (b) (West Supp. 2013); In re Briscoe, 230 S.W.3d 196, 196–97 (Tex.
App.—Houston [14th Dist.] 2006, orig. proceeding); see also In re McAfee, 53
S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (noting
that only Texas Court of Criminal Appeals has jurisdiction in final post-conviction
felony proceedings).
Conclusion
Accordingly, we dismiss the petition for writ of mandamus for lack of
jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.
Do not publish. TEX. R. APP. P. 47.2(b).
2