Summary
construing notice of appeal as petition for writ of mandamus
Summary of this case from In re LendermanOpinion
04-22-00065-CR
02-16-2022
IN RE Stephen Wayne RICHARDSON, Relator
DO NOT PUBLISH
This proceeding arises out of Cause No. 2010-CR-10629, styled State v. Stephen Wayne Richardson, in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.
Sitting: Patricia O. Alvarez, Justice, Beth Watkins, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
On February 2, 2022, relator Stephen Wayne Richardson filed a pro se notice of appeal that we construe as a petition for writ of mandamus in which he asserts the trial court has failed to rule on an application for writ of habeas corpus in his underlying criminal case. Richardson was convicted of manslaughter, a second-degree felony. See Richardson v. State, No. 04-12-00379-CR, 2013 WL 5653400, at *1 (Tex. App.-San Antonio Oct. 16, 2013, no pet.) (not designated for publication); see also Tex. Pen. Code Ann. § 19.04(b). His conviction is final. Richardson has not included a copy of the application in an appendix to his petition. See Tex. R. App. P. 52.7(a)(1) (requiring relator to file "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding").
Although Richardson has not included a copy of the application in an appendix to his petition, he complains of the trial court's inaction regarding a postconviction felony habeas corpus proceeding. Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (per curiam). And only the Court of Criminal Appeals has jurisdiction to order a trial court to rule on a pending article 11.07 writ application. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.-Houston [1st Dist.] 2001, orig. proceeding); see also In re Martinez, No. 04-14-00293-CR, 2014 WL 2548571, at *1 (Tex. App.-San Antonio June 4, 2014, orig. proceeding) (per curiam) (not designated for publication).
The mandamus petition is dismissed for lack of jurisdiction.
DISMISSED FOR LACK OF JURISDICTION