In re Michael Hosea--Appeal from 232nd District Court of Harris County

Annotate this Case

Download PDF

Opinion issued January 13, 2011 In The Court of Appeals For The First District of Texas NO. 01-10-01052-CR IN RE MICHAEL HOSEA, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator Michael Hosea filed a pro se petition for writ of mandamus, complaining that the respondent was without authority to preside over a trial in which relator was convicted of felony murder.1 This Court affirmed relator s conviction in an opinion that issued on November 6, 1997, and our mandate issued 1 Relator names as respondent the Honorable Jimmy Robert James, apparently presiding by assignment over case number 94-15203 in the 232nd District Court of Harris County, Texas. The Honorable Mary Lou Keel currently is the presiding judge of the 232nd District Court. on March 3, 1998. See Hosea v. State, No. 01-95-00358-CR, 1997 WL 709453, at *5 (Tex. App. Houston [1st Dist.] Nov. 6, 1997, pet. ref d). The Texas Court of Criminal Appeals refused relator s petition for discretionary review. Id. Thus, the judgment of conviction is final. Article 11.07 of the Code of Criminal Procedure provides the exclusive means to challenge a final conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07 § 5 (Vernon Supp. 2010). Pursuant to that article, only the Texas Court of Criminal Appeals has jurisdiction to grant post-conviction relief from a final felony conviction. See id.; In re McAfee, 53 S.W.3d 715, 717 18 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding). Accordingly, this Court does not have jurisdiction to consider relator s complaint. Relator s petition for writ of mandamus is dismissed for want of jurisdiction. All outstanding motions are overruled as moot. Per Curiam Panel consists of Chief Justice Radack and Justices Alcala and Bland. Do not publish. TEX. R. APP. P. 47.2(b). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.