Opinion
NO. 01-13-00486-CR
06-25-2013
IN RE TONY ORLANDO MYLES, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Tony Orlando Myles filed a petition for writ of mandamus seeking relief from the Harris County District Clerk's purported failure to file Myles's application for a writ of habeas corpus. Concluding we lack jurisdiction, we dismiss Myles's petition.
On June 21, 2012, we affirmed Myles's conviction for the offense of aggravated sexual assault of a child. See Myles v. State, No. 01-11-00188-CR, 2012 WL 2357426, at *6 (Tex. App.—Houston [1st Dist.] June 21, 2012, pet. ref'd) (mem. op., not designated for publication). Myles's petition, and the trial and appellate court records, reflect that Myles seeks relief from a final felony conviction. Only the Texas Court of Criminal Appeals has jurisdiction in habeas corpus proceedings seeking relief from a final felony conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2005); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). This Court lacks jurisdiction to grant the relief Myles seeks. See Board of Pardons & Paroles ex rel. Keene, 910 S.W.2d at 483; In re McAfee, 53 S.W.3d at 717-18; see also In re Berry, No. 01-11-00855-CR, 2012 WL 253142, at *1 (Tex. App.—Houston [1st Dist.] Jan. 26, 2012, orig. proceeding) (mem. op., not designated for publication) ("We have no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings in which relief is sought from a final felony judgment. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals."). Accordingly, we dismiss the petition for writ of mandamus for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Brown, and Huddle. Do Not Publish. TEX. R. APP. P. 47.2(b).