in Re: Steve F. Smiley

DISMISS; and Opinion Filed November 30, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01425-CV
No. 05-18-01426-CV
No. 05-18-01427-CV
IN RE STEVE F. SMILEY, Relator
Original Proceeding from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause Nos. F08-52454-H, F08-51675-H(A), and F08-51676-H(A)
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Boatright
In this original proceeding, relator complains that the trial court erroneously recommended
to the Texas Court of Criminal Appeals that relator’s article 11.07 application for writ of habeas
corpus should be denied. Relator seeks a writ of mandamus directing the trial court to correct the
alleged error such that the Court of Criminal Appeals can review “Ground Four A” of relator’s
habeas application.
Relator was convicted of a felony offense, and his conviction is final. Only the Texas Court
of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Ater v. Eighth
Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (citing TEX. CODE CRIM. PROC.
ANN. art. 11.07). This Court lacks jurisdiction over relator’s petition. Accordingly, we dismiss
this proceeding for want of jurisdiction.
/Jason Boatright/
JASON BOATRIGHT
JUSTICE
181425F.P05
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