in Re John F. Hawkins

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00371-CR
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IN RE JOHN F. HAWKINS
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Original Proceeding
163rd District Court of Orange County, Texas
Trial Cause No. B-030731-BR
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MEMORANDUM OPINION
John F. Hawkins seeks mandamus relief from the trial court in connection
with a post-conviction habeas corpus proceeding. See Tex. R. App. P. 52. The Court
of Criminal Appeals exclusively possesses the authority to grant relief in a post-
conviction habeas corpus proceeding where there is a final felony conviction. Padieu
v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013)
(orig. proceeding). In recognition of the exclusive jurisdiction of the Court of
Criminal Appeals and the mandamus authority exercised by that court in the
protection of its habeas jurisdiction, we will not act on a mandamus petition filed to
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compel the trial court to act in a proceeding under Article 11.07 of the Texas Code
of Criminal Procedure. In re McAfee, 53 S.W.3d 715, 717–18 (Tex. App.—Houston
[1st Dist.] 2001, orig. proceeding); see also Tex. Code Crim. Proc. Ann. art. 11.07
(West 2015). “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.” McAfee, 53 S.W.3d at 718. Accordingly, we dismiss
the petition for a writ of mandamus.
PETITION DISMISSED.
PER CURIAM
Submitted on October 9, 2018
Opinion Delivered October 10, 2018
Do Not Publish
Before Kreger, Horton, and Johnson, JJ.
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