in Re Eugenio Martinez

NUMBER 13-12-00434-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE EUGENIO MARTINEZ
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion Per Curiam1
Relator, Eugenio Martinez, proceeding pro se, filed a petition for writ of
mandamus on July 9, 2012. Through this original proceeding, relator requests that we
direct the trial court to process relator’s motion for out-of-time appeal. This Court
previously affirmed relator’s conviction for the felony offense of retaliation. See
Martinez v. State, No. 13-03-00743-CR, 2005 Tex. App. LEXIS 6136, at *1 (Tex. App.—
Corpus Christi Aug. 4, 2005, mem. op., not designated for publication).
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See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is
not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
Article 11.07 vests jurisdiction over post-conviction relief from otherwise final
felony convictions in the Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC.
ANN. art. 11.07 (West Supp. 2011); Board of Pardons & Paroles ex rel. Keene v. Court
of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Watson,
253 S.W.3d 319, 320 (Tex. App.—Amarillo 2008, orig. proceeding). The courts of
appeals have no role in criminal law matters pertaining to proceedings under article
11.07 and have no authority to issue writs of mandamus in connection with such
proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 3; 5; Ater v. Eighth Court
of Appeals, 802 S.W.2d 241, 242 (Tex. Crim. App. 1991) (orig. proceeding); In re
Briscoe, 230 S.W.3d 196 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding); In re
McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
The Court, having examined and fully considered the petition for writ of
mandamus and the applicable law, is of the opinion that we lack jurisdiction over this
matter. Accordingly, relator's petition is dismissed for lack of jurisdiction.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
9th day of July, 2012.
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