in Re Dennis L. Livings ( 2012 )

Opinion issued September 27, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00860-CR
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IN RE DENNIS LEN LIVINGS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Dennis Len Livings, has filed a pro se petition for writ of
mandamus in this Court. See TEX. GOV’T CODE § 22.221 (Vernon 2004); see also
TEX. R. APP. P. 52. Relator complains that the trial court1 has failed to rule on
1
Relator provides information indicating that this original proceeding arises out of
Cause No. 1035169-A, styled Ex Parte Dennis Len Livings, 174th District Court,
motions relator has filed in aid of his post-conviction writ of habeas corpus.
This Court, as an intermediate appellate court, has no jurisdiction over post-
conviction writs of habeas corpus in felony cases.2 See TEX. CODE CRIM. PROC.
ANN. art. 11.05, art. 11.07, § 3(a), (b) (Vernon 2005 & Vernon Supp. 2012); In re
McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig.
proceeding) (noting that “only the Texas Court of Criminal Appeals has
jurisdiction in final post-conviction felony proceedings”). Thus, we also lack
jurisdiction to grant mandamus relief in matters related to a post-conviction writ
application. See In re McAfee, 53 S.W.3d at 717–18; see also In re Perryman, No
04–11–00300–CR, 2011 WL 2165145, at *1 (Tex. App.—San Antonio May 25,
2011, orig. proceeding) (mem. op.; not designated for pub.) (dismissing petition for
writ of mandamus in case in which relator complained that trial court failed to rule
on motions related to a post-conviction petition for writ of habeas corpus).
Harris County. Relator identifies the Honorable Ruben Guerrrero as the
respondent in this original mandamus proceeding.
2
Relator was convicted of the felony offense of aggravated sexual assault of a child
and sentenced to a mandatory life sentence as a repeat sex offender. We affirmed
relator’s conviction in Livings v. State, No. 01–06–00146–CR, 2007 WL 1500300,
at *7 (Tex. App.—Houston [1st Dist.] May 24, 2007, pet. ref’d) (mem. op.; not
designated for pub.).
2
We dismiss the petition for writ of mandamus for lack of jurisdiction. See
TEX. R. APP. P. 52.8(a).
PER CURIAM
Panel consists of Justices Jennings, Higley, and Sharp.
Do not publish. TEX. R. APP. P. 47.2(b).
3