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In re Bowens

Fourth Court of Appeals San Antonio, Texas
Sep 3, 2014
No. 04-14-00598-CR (Tex. App. Sep. 3, 2014)

Opinion

No. 04-14-00598-CR

09-03-2014

IN RE Harold S. BOWENS Jr.


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Rebeca C. Martinez, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause No. 1985CR3726, styled The State of Texas v. Harold Bowens, pending in the 290th Judicial District Court, Bexar County, Texas, the Honorable Melisa Skinner presiding.

On August 21, 2014, relator Harold S. Bowens Jr. filed a pro se petition for writ of mandamus complaining that the trial court has "refused to enforce" his plea bargain agreement. Relator was convicted of murder in October 1985 and no direct appeal of his conviction or sentence was taken to this court.

Only the Texas Court of Criminal Appeals has jurisdiction over matters related to postconviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2014); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding "Article 11.07 provides the exclusive means to challenge a final felony conviction."). Because the relief sought in relator's petition relates to post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider his petition for writ of mandamus.

Accordingly, relator's petition is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

In re Bowens

Fourth Court of Appeals San Antonio, Texas
Sep 3, 2014
No. 04-14-00598-CR (Tex. App. Sep. 3, 2014)
Case details for

In re Bowens

Case Details

Full title:IN RE Harold S. BOWENS Jr.

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Sep 3, 2014

Citations

No. 04-14-00598-CR (Tex. App. Sep. 3, 2014)