In re John David Garcia Appeal from 81st Judicial District Court of Wilson County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00638-CR In re John David Garcia Original Mandamus Proceeding 1 PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: September 26, 2018 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION In 2012, relator pled guilty to aggravated assault with a deadly weapon. In 2015, the trial court adjudicated relator guilty. In this original proceeding, relator complains of the trial court’s failure to rule on his motion for writ of nunc pro tunc in which he asked the trial court to dismiss his underlying case and release him from custody. This proceeding is a collateral attack on a final conviction and, therefore, falls within the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id.; see also Padieu v. Court of Appeals of Tx., Fifth Dist., 392 S.W.3d 115, 1 This proceeding arises out of Cause No. 11-05-075-CRW, styled The State of Texas v. John David Garcia, pending in the 81st Judicial District Court, Wilson County, Texas, the Honorable Russell Wilson presiding. 04-18-00638-CR 117 (Tex. Crim. App. 2013) (orig. proceeding) (per curiam). Accordingly, we dismiss this proceeding for want of jurisdiction. PER CURIAM DO NOT PUBLISH -2-
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