In re Fabian J. Mireles--Appeal from 176th District Court of Harris County

Opinion issued March 31, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00277-CR

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IN RE FABIAN J. MIRELES, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator requests that this Court compel respondent // to rule on his petition for writ of habeas corpus. In a joint trial on an indictment and a motion to adjudicate guilt, Relator was convicted of aggravated robbery by a jury in cause number 828498 and was adjudged guilty of burglary of a habitation in cause number 9405323 by the trial court. Relator received concurrent forty-year sentences. The convictions were appealed, and the Fourteenth Court of Appeals issued mandates of affirmance on December 6, 2002.

This Court has no authority to issue a writ of mandamus to compel a district court judge to rule on a petition for writ of habeas corpus in which the judgment of conviction is final. In re McAfee, 53 S.W.3d 715, 718 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding). This is because jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07, 3 (Vernon Supp. 2004-2005).

Therefore, the petition for writ of mandamus is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Higley and Bland.

Do not publish. Tex. R. App. P. 47.2(b).