In re Wilbert P. Stewart Appeal from 226th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00541-CR IN RE Wilbert P. STEWART Original Mandamus Proceeding 1 PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Irene Rios, Justice Delivered and Filed: August 15, 2018 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION Relator complains of the trial court’s denial of his motion for judgment nunc pro tunc by which he sought to correct an alleged error in flat-time credit. The Court of Criminal Appeals has exclusive jurisdiction to grant postconviction relief from an otherwise final felony conviction. TEX. CODE CRIM. PROC. ANN. art. 11.07 § 5 (West 2015); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (orig. proceeding) (per curiam). This includes matters relating to flat-time credit. See, e.g., Ex parte Lee, 223 S.W.3d 360, 360-61 (Tex. Crim. App. 2006) (orig. proceeding) (per curiam). Because the proper avenue for resolving the issue is by application for writ of habeas corpus as authorized 1 This proceeding arises out of Cause No. 1993-CR-0145, styled The State of Texas v. Wilbert P. Stewart, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding. 04-18-00541-CR by article 11.07, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction. See TEX. R. APP. P. 52.8(a). PER CURIAM Do not publish -2-

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