In re Richard Lares Appeal from 399th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00305-CR IN RE Richard LARES Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice Delivered and Filed: July 12, 2017 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On May 11, 2017, relator Richard Lares filed a petition for writ of mandamus, complaining the trial court was refusing to rule on a motion filed by Relator in which Realtor seeks a ruling from the trial court voiding Relator’s conviction. According to Relator’s petition for writ of mandamus, the motion was filed in a habeas corpus proceeding. A response filed by Respondent confirms the motion was filed in a pending habeas corpus proceeding. Jurisdiction in final post-conviction felony proceedings is reserved to the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art 11.07, § 5 (West 2015); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); In re McAfee, 53 S.W.3d 715, 717–18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). 1 We have no jurisdiction over a This proceeding arises out of Cause No. 2006CR10110, styled State of Texas v. Richard Lares, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Frank J. Castro presiding. 04-17-00305-CR mandamus petition relating to a final post-conviction felony habeas corpus proceeding. In re McAfee, 53 S.W.3d at 718. Because the relief sought in Relator’s petition for writ of mandamus relates to a final post-conviction felony habeas corpus proceeding, we are without jurisdiction to consider his petition. Accordingly, relator’s petition is DISMISSED FOR LACK OF JURISDICTION. PER CURIAM DO NOT PUBLISH -2-

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