IN RE: JORGE ALBERTO ALVAREZ--Appeal from 275th District Court of Hidalgo County

NUMBER 13-03-00667-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI EDINBURG

IN RE JORGE ALBERTO ALVAREZ, Relator.

On Relator s Petition for Writ of Mandamus.

O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Castillo

Opinion Per Curiam

Relator, Jorge Alberto Alvarez, filed a pro se petition for writ of mandamus on October 30, 2003, requesting this Court to direct the respondent, the Honorable Juan R. Partida, presiding judge of the 275th District Court of Hidalgo County, Texas, to rule on a petition for writ of habeas corpus which relator filed on or about August 18, 2003, in cause Numbers CR-0586-98-E(1) and CR-1507-00-E(1). The real-party-in-interest, the State of Texas, has filed a response to relator s petition.

The Court of Criminal Appeals has the authority to issue a writ of mandamus when a trial court fails to act on a petition for writ of habeas corpus. See, e.g., Martin v. Hamlin, 25 S.W.3d 718, 719 (Tex. Crim. App. 2000); McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992). We are of the opinion that this Court does not have jurisdiction over matters related to post-conviction writs of habeas corpus. See In re McAfee, 53 S.W.2d 715, 718 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding).

We dismiss relator s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Order delivered and filed

this 19th day of December, 2003.