Opinion
No. 04-14-00819-CR
12-10-2014
IN RE Christopher S. ORTIZ
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Patricia O. Alvarez, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
This proceeding arises out of Cause No. 2009CR11043, styled The State of Texas v. Christopher S. Ortiz, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen Jr. presiding.
On November 25, 2014, relator Christopher Ortiz filed a pro se petition for writ of mandamus, complaining of the trial court's failure to file and place on the docket relator's motions for post-conviction relief. In 2011, relator was convicted of aggravated sexual assault 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 post-conviction 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PER CURIAM DO NOT PUBLISH