DocketNumber： 01-10-00592-CR
Filed Date： 8/4/2010
Status： Precedential
Modified Date： 9/3/2015
Opinion issued August 4, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00592-CR
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IN RE PATRICK ALLEN PALACIOS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Patrick Allen Palacios, has filed a petition for writ of mandamus, requesting that this Court compel respondent[1] to rule on a post-conviction motion to void his sentence in trial court cause number 869064. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2009). We dismiss the petition.
Relator was convicted in trial court cause number 869064 of the offense of capital murder and sentenced to confinement for life. Relator appealed his conviction, and the appeal was assigned to this Court as appellate number 01-02-00498-CR. On June 12, 2003, we issued an opinion affirming the trial court’s judgment. See Palacios v. State, 01-02-00498-CR, 2003 WL 21357328, at *7 (Tex. App.CHouston [1st Dist.] Jun. 12, 2003, pet. ref’d)(mem. op.). Our mandate issued on December 9, 2003. The trial court’s judgment of conviction is final.
We have no authority to order a district court judge to rule on a motion to vacate and void a sentence in a felony case in which the judgment is final. See In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). This is because the Texas Court of Criminal Appeals has jurisdiction over matters related to final felony convictions. Tex. Code Crim. Proc. Ann. art. 11.07. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991).
Therefore, we dismiss the petition for writ of mandamus for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Alcala, and Massengale.
Do not publish. Tex. R. App. P. 47.2(b).
[1] The Honorable Kevin Fine, Judge, 177th District Court, Harris County, Texas. We note that relator’s certificate of service states he served his petition for writ of mandamus on the Clerk of the First Court of Appeals. The certificate does not state that he served Judge Fine with a copy of his petition for writ of mandamus. See Tex. R. App. P. 9.5.