In re Cedric Christopher Edison--Appeal from 240th District Court of Fort Bend County

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Opinion issued May 11, 2006

 

 

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00407-CR

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IN RE CEDRIC CHRISTOPHER EDISON, Relator

 

Original Proceeding on Petition for Writ of Mandamus

 

MEMORANDUM OPINION

Relator, Cedric Christopher Edison, filed in this Court a petition for writ of mandamus, complaining that respondent // did not rule on his second application for a post-conviction writ of habeas corpus. We deny the petition.

This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See 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); In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding); Tex. Code Crim. Proc. Ann. art. 11.07, 3 (Vernon Supp. 2005).

Alternatively, if this court were to construe the petition as a writ of habeas corpus, it would still be denied because this Court has no jurisdiction to hear a post-conviction application for writ of habeas corpus in felony cases. See 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).

Accordingly, we dismiss relator s petition for mandamus for lack of jurisdiction. All requested relief is denied.

PER CURIAM

Panel consists of Justices Keyes, Alcala, and Bland.

Do not publish.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

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