in Re Billy Ray Stewart

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-506 CV ____________________

IN RE BILLY RAY STEWART

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Original Proceeding

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MEMORANDUM OPINION

On November 29, 2005, Billy Ray Stewart filed a petition for writ of mandamus in this Court. See Tex. R. App. P. 52. The relator's petition requests the writ of mandamus issue upon "District Courts of Appeals and The Board of Pardons and Paroles" to remove a "blue warrant" issued July 23, 2003. According to Stewart, the Court of Criminal Appeals directed the convicting court to make findings of facts, and the trial court found that Stewart is being held on a new charge of aggravated sexual assault filed October 16, 2003. The Court of Criminal Appeals denied Stewart's application for a post-conviction writ of habeas corpus and subsequently denied leave to file a petition for writ of mandamus. See In re Stewart, No. WR-58,175-02 (Tex. Crim. App. Aug. 13, 2005); Ex parte Stewart, No. WR-58,175-01 (Tex. Crim. App. Jan. 26, 2005).

The original jurisdiction granted to this Court by the Texas Constitution is "under such restrictions and regulations as may be described by law." Tex. Const. Art 5, § 6. Our writ power includes writs of mandamus against judges within our jurisdiction, writs of habeas corpus in civil cases, and "other writs necessary to enforce the jurisdiction of the court." Tex. Gov't Code Ann. § 22.221 (Vernon 2004). The writ sought in this case is not necessary to enforce our jurisdiction. Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with the Court of Criminal Appeals. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2005). The petition is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered January 5, 2006

Before McKeithen, C.J., Gaultney and Kreger, JJ.