in Re Luis Antonio Diaz

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00158-CV
IN RE LUIS ANTONIO DIAZ RELATOR
------------
ORIGINAL PROCEEDING
------------
MEMORANDUM OPINION1
------------
The court has considered relator’s petition for writ of mandamus and is of
the opinion that relief should be denied.2 Accordingly, relator’s petition for writ of
mandamus is denied.
PER CURIAM
1
See Tex. R. App. P. 47.4, 52.8(d).
2
Jurisdiction to grant post-conviction habeas corpus relief from a final
felony conviction rests exclusively with the court of criminal appeals. See In re
McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig.
proceeding) (“Should an applicant find it necessary to complain about an action
or inaction of the convicting court, the applicant may seek mandamus relief from
the Court of Criminal Appeals.”); see also Tex. Code Crim. Proc. Ann. art. 11.07,
§ 5 (“After conviction the procedure outlined in this Act shall be exclusive and any
other proceeding shall be void and of no force and effect in discharging the
prisoner.”).
PANEL: MCCOY, GARDNER, and GABRIEL, JJ.
DELIVERED: May 12, 2011
2