in Re Hermes Vasquez, Relator ( 2012 )

MEMORANDUM OPINION
No. 04-12-00314-CR
In re Hermes Vasquez, Relator
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: June 13, 2012
DISMISSED FOR LACK OF JURISDICTION
On May 23, 2012, Relator Hermes Vasquez filed a petition for writ of mandamus,
complaining that there was a clerical error with the trial court’s certification of the defendant’s
right to appeal. On December 7, 2011, this court dismissed the appeal in Cause No. 04-11-
00723-CR for lack of jurisdiction. We note that there is no defect to correct because the trial
court certification conforms to the record. Therefore, Relator’s felony conviction 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. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon
Supp. 2011); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910
1
This proceeding arises out of Cause No. 2011-CR-0855A, styled State of Texas v. Hermes Vasquez, pending in the
399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.
04-12-00314-CR
S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that “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DO NOT PUBLISH
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