Opinion
NO. 01-13-00370-CR
07-02-2013
IN RE ALVESTER CHARLES WILLIAMS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Alvester Charles Williams, has filed a petition for writ of mandamus, complaining that the trial court has not enforced its November 17, 2010 order relating to his post-conviction writ of habeas corpus.
Relator provides information indicating that this original proceeding arises out of cause number 1172394A, styled Williams v. State, pending in the 262nd District Court of Harris County, Texas, the Honorable Denise Bradley presiding.
This Court, an intermediate appellate court, has no jurisdiction over post-conviction writs of habeas corpus in felony cases.See TEX. CODE CRIM. PROC. ANN. art. 11.05, art. 11.07, § 3(a), (b) (Vernon 2005 & Vernon Supp. 2012); Perry v. State, 01-12-01051-CR, 2012 WL 6213718, at *1 (Tex. App.—Houston [1st Dist.] Dec. 13, 2012, orig. proceeding) (mem. op.) (not designated for publication) ("Article 11.07 contains no role for the courts of appeals."); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (noting that only Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings).
Relator was convicted of the offense of felon in possession of a firearm for which he was sentenced to 28 years in prison. See TEX. PENAL CODE ANN. § 46.04(a)(1) (Vernon 2011). We affirmed relator's conviction in Williams v. State, 313 S.W.3d 393 (Tex. App.—Houston [1st Dist.] 2009, pet. ref'd).
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To complain about the action or inaction of the trial court in a post-conviction felony proceeding, relator must seek mandamus relief from the court of criminal appeals. Perry, 2012 WL 6213718, at *1; In re McAfee, 53 S.W.3d at 718. Therefore, we lack jurisdiction to grant mandamus relief in matters related to a post-conviction writ application. See In re Livings, No. 01-12-00860-CR, 2012 WL 4465520, at *1 (Tex. App.—Houston [1st Dist.] Sept. 27, 2012, orig. proceeding) (mem. op.) (not designated for publication) (concluding that intermediate appellate court had no jurisdiction in mandamus complaining that trial court had failed to rule on motions filed in aid of post-conviction writ of habeas corpus); In re McAfee, 53 S.W.3d at 717-18.
Conclusion
We dismiss the petition for writ of mandamus for lack of jurisdiction. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Panel consists of Justices Jennings, Brown, and Huddle. Do not publish. TEX. R. APP. P. 47.2(b).