in Re Darius Duron Elam

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
August 4, 2022.
In The
Fourteenth Court of Appeals
NO. 14-22-00527-CR
IN RE DARIUS DURON ELAM, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
232nd District Court
Harris County, Texas
Trial Court Cause No. 380350-I
MEMORANDUM OPINION
On July 18, 2022, relator Darius Duron Elam filed a petition for writ of
mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R.
App. P. 52. In the petition, relator claims the trial court wrongfully declined to
allow the Harris County District Attorney’s office to represent the State in his post-
conviction habeas corpus proceeding before the trial court, and he seeks mandamus
relief against the trial court’s order.
Although this court and other Texas courts of appeals have mandamus
jurisdiction in criminal matters, jurisdiction in final post-conviction felony
proceedings lies solely with the Texas Court of Criminal Appeals. Tex. Code
Crim. Proc. Ann. art. 11.07, § 5; Ater v. Eighth Court of Appeals, 802 S.W.2d 241,
243 (Tex. Crim. App. 1991). Therefore, we have no jurisdiction with regard to
relator’s petition. Consequently, relator’s petition for writ of mandamus is
dismissed for want of jurisdiction.
PER CURIAM
Panel consists of Justices Bourliot, Hassan, and Poissant.
Do Not Publish — Tex. R. App. P. 47.2(b).
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