In re Valier

This case is not covered by Casetext's citator
Court of Appeals For The First District of TexasApr 25, 2017
NO. 01-17-00006-CR (Tex. App. Apr. 25, 2017)

NO. 01-17-00006-CR



Original Proceeding on Petition for Writ of Mandamus


Relator, Nkrumah Lamumba Valier, incarcerated and proceeding pro se, has filed a petition for a writ of mandamus. Relator seeks issuance of a writ to compel respondent, the Honorable Vanessa Velasquez, to rule on post-conviction motions, including a motion to void his felony conviction for aggravated sexual assault.

The underlying case is The State of Texas v. Nkrumah Lamumba Valier, Cause No. 1150625, in the 183rd District Court of Harris County, the Honorable Vanessa Velasquez presiding. --------

Relator seeks relief from a final felony conviction. See Valier v. State, No. 01-08-00975-CR, 2011 WL 5428861 (Tex. App.—Houston [1st Dist.] Nov. 10, 2011, pet. ref'd) (affirming conviction). Because his petition involves a final post-conviction felony proceeding, article 11.07 of the Texas Code of Criminal Procedure governs and provides the exclusive means to challenge the conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2015); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (citations omitted); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (citation omitted). Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction proceedings. In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (citation omitted); see In re Briscoe, 230 S.W.3d 196, 196-97 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding) ("Article 11.07 contains no role for the courts of appeals."). Accordingly, we do not have jurisdiction over relator's mandamus petition.

We dismiss the petition for lack of jurisdiction.

PER CURIAM Panel consists of Justices Jennings, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).

An alternative to Lexis that does not break the bank.

Casetext does more than Lexis for less than $65 per month.