In re Mark Anthony Shilling--Appeal from 362nd District Court of Denton County

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-373-CV IN RE MARK ANTHONY SHILLING RELATOR ------------ ORIGINAL PROCEEDING ------------ MEMORANDUM OPINION 1 ON REHEARING -----------Upon consideration of relator s motion for rehearing and motion for leave to file motion for explanation of motion to abate venue with probable cause in relators (sic) writ of mandamus, we deny the motions; however, we withdraw our opinion of September 29, 2008, and substitute the following in its place. The court has considered relator s petition for writ of mandamus and is of the opinion that relief should be denied.2 Accordingly, relator s petition for writ of mandamus is denied. PER CURIAM 1 ¦ See Tex. R. App. P. 47.4. 2 ¦ Jurisdiction to grant post-conviction habeas corpus relief from a final felony conviction rests exclusively with the Court of Criminal Appeals. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). PANEL: MCCOY, LIVINGSTON, and DAUPHINOT, JJ. DELIVERED: December 12, 2008 2

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