-
MEMORANDUM OPINION No. 04-11-00416-CR IN RE Patrick BRADSHAW Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: June 29, 2011 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On June 15, 2011, relator Patrick Bradshaw filed a petition for writ of mandamus, seeking a copy of the indictment and judgment from his felony conviction. In 1998, relator was convicted of murder, and was sentenced to forty years’ confinement. Relator did not appeal the conviction. Therefore, relator’s felony conviction is 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 Supp. 2010); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist.,
910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that “Article 11.07 provides the exclusive 1 This proceeding arises out of Cause No. 97-03-9427-CR-A, styled State of Texas v. Patrick Bradshaw, in the 38th Judicial District Court, Uvalde County, Texas, the Honorable Camile Dubose presiding. 04-11-00416-CR 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 PER CURIAM DO NOT PUBLISH -2-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: 04-11-00416-CR
Filed Date: 6/29/2011
Precedential Status: Precedential
Modified Date: 10/16/2015