IN RE: CECIL CLAYTON JONES--Appeal from 156th District Court of Aransas County

NUMBER 13-07-106-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

In re:

 

CECIL CLAYTON JONES

 

On Petition for Writ of Mandamus

from the 156th District Court

San Patricio County, Texas

MEMORANDUM OPINION

 
Before Chief Justice Valdez, Justices Yanez and Vela
Memorandum Opinion Per Curiam

Relator, Cecil C. Jones, Jr., filed a pro se petition for writ of mandamus in this Court on February 15, 2007. In this original proceeding, relator contends that the trial court made erroneous findings and failed to analyze and apply the law correctly with regard to relator's previously filed post-conviction writ of habeas corpus.

To obtain mandamus relief in criminal law matters in the courts of appeals, a relator must establish that (1) the act he seeks to compel is ministerial, rather than discretionary in nature, and (2) no other adequate remedy at law is available. State ex rel. Hill v. Fifth Court of Appeals, 67 S.W.3d 177, 180 (Tex. Crim. App. 2001); see Dickens v. Court of Appeals for the Second Supreme Judicial Dist. of Tex., 727 S.W.2d 542, 548 (Tex. Crim. App. 1987). However, the courts of appeal have no authority to issue writs of mandamus in criminal matters pertaining to proceedings under article 11.07 of the Texas Code of Criminal Procedure; only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. See Tex. Code Crim. Proc. Ann. art. 11.07, 3, 5 (Vernon 2005); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.-Houston [1st Dist.] 2001, no pet.). Accordingly, we DISMISS relator's petition for writ of mandamus. See Tex. R. App. p. 52.8(a).

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

 

Memorandum Opinion delivered and

filed this 22nd day of February, 2007.