In re Victor Mireles--Appeal from 186th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00677-CV

IN RE Victor MIRELES

Original Mandamus Proceeding //

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: October 26, 2005

DISMISSED FOR LACK OF JURISDICTION

On September 23, 2005, Victor Mireles filed a petition for a writ of mandamus, asking this court to compel the trial court to rule on a motion to correct or set aside his sentence in a post-conviction felony proceeding. Relator represents that the relief sought in the motion relates to a final judgment that was appealed to this court. We take judicial notice that on November 6, 2002, this court issued an opinion on direct appeal in Cause Number 04-01-00583, in which we dismissed the appeal for lack of jurisdiction. We further take judicial notice that the mandate issued on January 10, 2003.

Although the courts of appeals have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. 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); In re Stone, 26 S.W.3d 568, 569 (Tex. App. Waco 2000, orig. proceeding). Because Mireles s motion relates to a final post-conviction felony proceeding, we are without jurisdiction to consider his mandamus petition. Accordingly, the petition for a writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM