in Re Harold Bowens, Relator ( 2011 )


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  •                                  MEMORANDUM OPINION
    No. 04-11-00784-CR
    IN RE Harold BOWENS
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Catherine Stone, Chief Justice
    Karen Angelini, Justice
    Steven C. Hilbig, Justice
    Delivered and Filed: November 16, 2011
    PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF
    JURISDICTION
    On October 31, 2011, relator Harold Bowens filed a petition for writ of mandamus,
    complaining the trial court has failed to rule on his post-conviction petition for writ of habeas
    corpus. In 1985, relator was convicted of murder and was sentenced to life in prison. No appeal
    was taken in this court. 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 (West 2011);
    Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 
    910 S.W.2d 481
    ,
    1
    This proceeding arises out of Cause No. 1985-CR-3726, styled State of Texas v. Harold Bowens, in the 290th
    Judicial District Court, Bexar County, Texas, the Honorable Melisa Skinner presiding.
    04-11-00784-CR
    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    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-11-00784-CR

Filed Date: 11/16/2011

Precedential Status: Precedential

Modified Date: 10/16/2015