Opinion

in Re David Y. Young

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Feb 13, 2003
Status
Published
Cited by
0 cases
Authority
More cited than 35.1%

The opinion

Opinion issued February 13, 2003

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00110-CV

____________

IN RE DAVID Y. YOUNG, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, David Y. Young, requests that this Court compel respondent (1) to

rule on his petition for writ of habeas corpus in cause number 865193. Relator's

direct appeal of his conviction in cause number 865193 was filed in this Court as

cause number 01-01-00259-CR. On May 23, 2002, we issued an opinion affirming

the trial court's judgment as modified. Our mandate issued on October 23, 2002.

This Court has no authority to issue a writ of mandamus to compel a district

court judge to rule on a petition for writ of habeas corpus in which the judgment of

conviction is final. In re McAfee , 53 S.W.3d 715, 718 (Tex. App.--Houston [1st

Dist.] 2001, orig. proceeding). This is because jurisdiction to grant post-conviction

habeas corpus relief in felony cases rests exclusively with the Texas Court of

Criminal Appeals. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for

the Eighth District , 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim.

Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2003).

Therefore, the petition for writ of mandamus is dismissed for want of

jurisdiction.

It is so ORDERED .

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Nuchia and Hanks.

Do not publish. Tex. R. App. P. 47. 2(b).

1.

Respondent is the Honorable Debbie Mantooth Stricklin, Judge, 180th District

Court, Harris County.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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