Earl Cooper v. The State of Texas--Appeal from 108th District Court of Potter County

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NO. 07-09-0014-CV NO. 07-09-0015-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C MARCH 31, 2009 ______________________________ EARL COOPER, APPELLANT v. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; NOS. 57,019-E AND 58,020-E; HON. DOUGLAS WOODBURN, PRESIDING ________________________________ Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. Memorandum Opinion On January 8, 2009, Earl Cooper filed a document entitled Notic[e] of Appeal for post conviction psychiatric examination in the district court. This document was forwarded to this Court by the trial court s clerk. In the document, Cooper complains that the trial court failed to adhere to the deadlines required by Texas Code of Criminal Procedure article 11.07. As such, we construe this document to be a petition for writ of mandamus seeking the issuance of a writ ordering the trial court to comply with the procedures mandated by article 11.07. Jurisdiction to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments lies exclusively with the Texas Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding). Intermediate appellate courts have no authority to issue writs of mandamus in such matters. See id.; TEX . CRIM . PROC . CODE ANN . art. 11.07, § 3 (Vernon Supp. 2008). Accordingly, Cooper's petition for writ of mandamus is dismissed for want of jurisdiction. Mackey K. Hancock Justice 2

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