In Re: Mark Woodhouse--Appeal from 384th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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) No. 08-05-00197-CR

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IN RE: MARK WOODHOUSE ) AN ORIGINAL

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) PROCEEDING IN MANDAMUS

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OPINION O N PETITION FOR WRIT OF MANDAMUS

Relator Mark Woodhouse has filed a petition for writ of mandamus complaining of the trial court=s failure to act on his post-conviction motion to withdraw his guilty plea in cause number 20000D00589. According to the facts provided in the petition, Relator entered into a plea agreement, in which he pled guilty to the offense of aggravated robbery and was sentenced to 30 years= imprisonment. Relator now seeks to withdraw from the plea agreement because it was involuntary and void. Relator requests that this Court order the Honorable Patrick Garcia of the 384th Judicial District Court of El Paso County, Texas to rule upon his motion to withdraw his guilty plea. In effect, Relator is seeking relief from a felony judgment. It appears that the relief sought by Relator is subject to procedures for a writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure. See Tex.Code Crim.Proc.Ann. art. 11.07 (Vernon 2005). This Court has no original habeas jurisdiction in criminal matters. See In re McAfee, 53 S.W.3d 715, 717 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding). Jurisdiction to grant post conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. See Tex.Code Crim.Proc.Ann. art. 11.07, ' 3.

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

June 9, 2005

DAVID WELLINGTON CHEW, Justice

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

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