in Re Nkrumah Lamumba Valier ( 2017 )

Opinion issued April 25, 2017
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-17-00006-CR
———————————
IN RE NKRUMAH LAMUMBA VALIER, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Nkrumah Lamumba Valier, incarcerated and proceeding pro se, has
filed a petition for a writ of mandamus.1 Relator seeks issuance of a writ to compel
respondent, the Honorable Vanessa Velasquez, to rule on post-conviction motions,
including a motion to void his felony conviction for aggravated sexual assault.
1
The underlying case is The State of Texas v. Nkrumah Lamumba Valier, Cause No.
1150625, in the 183rd District Court of Harris County, the Honorable Vanessa
Velasquez presiding.
Relator seeks relief from a final felony conviction. See Valier v. State, No.
01-08-00975-CR, 2011 WL 5428861 (Tex. App.—Houston [1st Dist.] Nov. 10,
2011, pet. ref’d) (affirming conviction). Because his petition involves a final
post-conviction felony proceeding, article 11.07 of the Texas Code of Criminal
Procedure governs and provides the exclusive means to challenge the conviction.
See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2015); Padieu v. Court of
Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (citations
omitted); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth
Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (citation omitted). Only the
Texas Court of Criminal Appeals has jurisdiction in final post-conviction
proceedings. In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.]
2001, orig. proceeding) (citation omitted); see In re Briscoe, 230 S.W.3d 196, 196–
97 (Tex. App.–Houston [14th Dist.] 2006, orig. proceeding) (“Article 11.07 contains
no role for the courts of appeals.”). Accordingly, we do not have jurisdiction over
relator’s mandamus petition.
We dismiss the petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Higley, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
2