In re John Gerald Mass, Relator--Appeal from 227th Judicial District Court of Bexar County

Annotate this Case

Download PDF

i i i i i i MEMORANDUM OPINION No. 04-10-00488-CR IN RE John Gerald MASS Original Mandamus Proceeding1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: July 14, 2010 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On June 30, 2010, relator John Gerald Mass filed a petition for writ of mandamus, complaining of the trial court s failure to rule on his motion for an out-of-time appeal. However, 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. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). 1 ¦ This proceeding arises out of Cause No. 2001-CR-4941, styled State of Texas v. John G. Mass, in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding. 04-10-00488-CR Accordingly, relator s petition is DISMISSED FOR LACK OF JURISDICTION. PER CURIAM DO NOT PUBLISH -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.