in Re John Gerald Mass, Relator ( 2010 )

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MEMORANDUM OPINION

No. 04-10-00488-CR

IN RE John Gerald MASS

Original Mandamus Proceeding     

PER CURIAM

Sitting:            Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: July 14, 2010 

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

            On June 30, 2010, relator John Gerald Mass filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his motion for an out-of-time appeal. However, 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) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).

            Accordingly, relator’s petition is DISMISSED FOR LACK OF JURISDICTION.

PER CURIAM

DO NOT PUBLISH