DocketNumber： 01-10-01052-CR
Filed Date： 1/13/2011
Status： Precedential
Modified Date： 10/16/2015
Opinion issued January 13, 2011
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-01052-CR
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IN RE Michael Hosea, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Michael Hosea filed a pro se petition for writ of mandamus, complaining that the respondent was without authority to preside over a trial in which relator was convicted of felony murder.[1] This Court affirmed relator’s conviction in an opinion that issued on November 6, 1997, and our mandate issued on March 3, 1998. See Hosea v. State, No. 01-95-00358-CR, 1997 WL 709453, at *5 (Tex. App.—Houston [1st Dist.] Nov. 6, 1997, pet. ref’d). The Texas Court of Criminal Appeals refused relator’s petition for discretionary review. Id. Thus, the judgment of conviction is final.
Article 11.07 of the Code of Criminal Procedure provides the exclusive means to challenge a final conviction. See Tex. Code Crim. Proc. Ann. art. 11.07 § 5 (Vernon Supp. 2010). Pursuant to that article, only the Texas Court of Criminal Appeals has jurisdiction to grant post-conviction relief from a final felony conviction. See id.; In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, this Court does not have jurisdiction to consider relator’s complaint.
Relator’s petition for writ of mandamus is dismissed for want of jurisdiction. All outstanding motions are overruled as moot.
Per Curiam
Panel consists of Chief Justice Radack and Justices Alcala and Bland.
Do not publish. Tex. R. App. P. 47.2(b).
[1] Relator names as respondent the Honorable Jimmy Robert James, apparently presiding by assignment over case number 94-15203 in the 232nd District Court of Harris County, Texas. The Honorable Mary Lou Keel currently is the presiding judge of the 232nd District Court.