In re Dennis L. Livings
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Opinion issued September 27, 2012 In The Court of Appeals For The First District of Texas NO. 01-12-00860-CR IN RE DENNIS LEN LIVINGS, Relator Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relator, Dennis Len Livings, has filed a pro se petition for writ of mandamus in this Court. See TEX. GOV T CODE § 22.221 (Vernon 2004); see also TEX. R. APP. P. 52. Relator complains that the trial court1 has failed to rule on 1 Relator provides information indicating that this original proceeding arises out of Cause No. 1035169-A, styled Ex Parte Dennis Len Livings, 174th District Court, motions relator has filed in aid of his post-conviction writ of habeas corpus. This Court, as an intermediate appellate court, has no jurisdiction over postconviction writs of habeas corpus in felony cases.2 See TEX. CODE CRIM. PROC. ANN. art. 11.05, art. 11.07, § 3(a), (b) (Vernon 2005 & Vernon Supp. 2012); In re McAfee, 53 S.W.3d 715, 717 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding) (noting that only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings ). Thus, we also lack jurisdiction to grant mandamus relief in matters related to a post-conviction writ application. See In re McAfee, 53 S.W.3d at 717 18; see also In re Perryman, No 04 11 00300 CR, 2011 WL 2165145, at *1 (Tex. App. San Antonio May 25, 2011, orig. proceeding) (mem. op.; not designated for pub.) (dismissing petition for writ of mandamus in case in which relator complained that trial court failed to rule on motions related to a post-conviction petition for writ of habeas corpus). Harris County. Relator identifies the Honorable Ruben Guerrrero as the respondent in this original mandamus proceeding. 2 Relator was convicted of the felony offense of aggravated sexual assault of a child and sentenced to a mandatory life sentence as a repeat sex offender. We affirmed relator s conviction in Livings v. State, No. 01 06 00146 CR, 2007 WL 1500300, at *7 (Tex. App. Houston [1st Dist.] May 24, 2007, pet. ref d) (mem. op.; not designated for pub.). 2 We dismiss the petition for writ of mandamus for lack of jurisdiction. See TEX. R. APP. P. 52.8(a). PER CURIAM Panel consists of Justices Jennings, Higley, and Sharp. Do not publish. TEX. R. APP. P. 47.2(b). 3
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