in Re Bryan Keith Crum ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00101-CR
IN RE Bryan Keith CRUM
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: March 11, 2020
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION
On March 2, 2020, relator filed a petition for writ of mandamus. Relator also filed a motion
for leave to file his petition for writ of mandamus and a request for findings of fact and conclusions
of law.
We deny as moot relator’s request to file a petition for writ of mandamus because leave is
not required to file a petition in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re
Medina, 04-19-00041-CR, 2019 WL 360534, at *1 (Tex. App.—San Antonio Jan. 30, 2019, no
pet.).
In his petition for writ of mandamus, relator asks this court to (1) direct the trial court to
vacate and void his underlying 2012 criminal conviction because the trial court lacked jurisdiction,
1
This proceeding arises out of Cause No. B10-826, styled The State of Texas v. Bryan Keith Crum, pending in the
198th Judicial District Court, Kerr County, Texas, the Honorable Rex Emerson presiding.
04-20-00101-CR
and (2) order the district attorney to issue a finding of actual innocence because there was no
evidence to support the original charging instruments. Intermediate courts of appeals have limited
writ jurisdiction in criminal matters. See TEX. GOV’T CODE § 22.221. The Texas Court of Criminal
Appeals, however, has jurisdiction in final post-conviction habeas corpus proceedings. TEX. CODE
CRIM. PROC. art. 11.07; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.
App. 1991) (orig. proceeding) (by granting writ of mandamus to vacate judgment of conviction,
court of appeals usurped exclusive authority of Court of Criminal Appeals to grant post-conviction
relief). If an applicant finds it necessary to complain about an action or inaction of the convicting
court, the applicant may seek relief from the Texas Court of Criminal Appeals. In re McAfee, 53
S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). This court lacks
jurisdiction over relator’s complaints regarding his 2012 conviction. Accordingly, we dismiss this
proceeding for want of jurisdiction. We also deny relator’s request for findings of fact and
conclusions of law.
PER CURIAM
Do not publish
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