In Re: Ricardo Martinez--Appeal from 409th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: RICARDO MARTINEZ,

Relator.

No. 08-05-00088-CR

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Relator Ricardo Martinez has filed a petition for writ of mandamus, complaining of the trial court s failure to act on his post-conviction application for writ of habeas corpus. In Relator s mandamus petition, he states that the trial court has not acted on the habeas application for over eighteen months. This Court, however, does not have jurisdiction over matters related to post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); In re McAfee, 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding). Only the Court of Criminal Appeals has the authority to issue a writ of mandamus compelling a trial court to act on a petition for writ of habeas corpus. See McAfee, 53 S.W.3d at 718; see also Martin v. Hamlin, 25 S.W.3d 718, 719 (Tex. Crim. App. 2000); McCree v. Hampton, 824 S.W.2d 578, 578-79 (Tex. Crim. App. 1992).

Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.

RICHARD BARAJAS, Chief Justice

March 10, 2005

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)