In re Leon Brewer v. --Appeal from 437th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00686-CR IN RE Leon BREWER Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: November 7, 2012 PETITION FOR JURISDICTION WRIT OF MANDAMUS DISMISSED FOR LACK OF On October 19, 2012, Relator Leon Brewer filed a petition for writ of mandamus, complaining he filed an amendment to his original application for post-conviction writ of habeas corpus and a motion for leave to file the amended writ and the trial court has failed to respond or set the matter for hearing. 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 Supp. 2012); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth 1 This proceeding arises out of Cause No. 2009CR7532, styled State of Texas v. Leon Brewer, pending in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori I. Valenzuela presiding. 04-12-00686-CR Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that Article 11.07 provides the exclusive 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. 2 Accordingly, Relator s petition is DISMISSED FOR LACK OF JURISDICTION. PER CURIAM DO NOT PUBLISH 2 On March 22, 2010, relator was convicted of felony possession of a firearm. No appeal was taken in this court. Therefore, relator s conviction is final. -2-

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