In re David Salinas, Relator--Appeal from 187th Judicial District Court of Bexar County (per curiam)

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MEMORANDUM OPINION No. 04-12-00453-CR IN RE David SALINAS Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: August 8, 2012 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On July 30, 2012, relator David Salinas filed a petition for writ of mandamus, complaining the Texas Department of Criminal Justice failed to credit his sentence after the trial court entered a judgment nunc pro tunc. However, only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2011); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that Article 11.07 provides the exclusive 1 This proceeding arises out of Cause No. 1991-CR-0208, styled State of Texas v. David Salinas, in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding. 04-12-00453-CR means to challenge a final felony conviction. ). Because the relief sought in relator s petition relates to post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider his petition for writ of mandamus. Accordingly, relator s petition is DISMISSED FOR LACK OF JURISDICTION. PER CURIAM DO NOT PUBLISH -2-

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