DocketNumber： 01-10-00372-CR
Filed Date： 5/20/2010
Status： Precedential
Modified Date： 9/3/2015
Opinion issued May 20, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00372-CR
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In re Albert Jenkins, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Albert Jenkins, has filed in this Court a petition for writ of mandamus, complaining that respondent[1] did not rule on his post-conviction article 11.07 writ of habeas corpus filed in the 263rd District Court in trial court cause number 668044. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2009). Relator requests that we compel respondent to rule on his petition for writ of habeas corpus. We dismiss the petition.
This Court has no authority to issue a writ of mandamus to compel a district court judge to rule on a petition for writ of habeas corpus in which the judgment of conviction is final. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.¾Houston [1st Dist.] 2001, orig. proceeding). This is because jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eight District, 910 S.W.2d 482, 483 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07 § 3 (Vernon Supp. 2009).
Therefore, the petition for writ of mandamus is dismissed 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Do not publish.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] Respondent is the Honorable Jim Wallace, Judge, 263rd District Court, Harris County, Texas.