In Re: Stacey Dean Howard--Appeal from 120th District Court of El Paso County
Annotate this CaseCOURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
)
) No. 08-05-00276-CR
IN RE: STACEY DEAN HOWARD, )
)AN ORIGINAL PROCEEDING
Relator. )
)IN MANDAMUS
)
O P I N I O N
Relator has filed a petition for writ of mandamus, complaining that the trial court has failed to act on his post-conviction petition for writ of habeas corpus. This court 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). The Court of Criminal Appeals has the authority to issue a writ of mandamus when the trial court fails to act on a petition for writ of habeas corpus. See, e.g., Martin v. Hamlin, 25 S.W.3d 718, 719 (Tex.Crim.App. 2000); McCree v. Hampton, 824 S.W.2d 578, 579 (Tex.Crim.App. 1992).
The petition for writ of mandamus is dismissed for lack of jurisdiction.
August 31, 2005
ANN CRAWFORD McCLURE, Justice
Before Barajas, C.J., McClure, and Chew, JJ.
(Do Not Publish)
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