Opinion

in Re Mark Anthony Perez

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Nov 30, 2006
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

Opinion issued November 30, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00964-CR

____________

IN RE MARK ANTHONY PEREZ, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Mark Anthony Perez, filed in this Court a petition for writ of

mandamus, complaining that respondent

has failed to require “Jones W. Roach” to

file an affidavit that relator needs for an article 11.07 writ of habeas corpus. See Tex.

Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2005). We deny the petition. This Court has no authority to issue writs of mandamus in criminal law

matters pertaining to habeas corpus proceedings seeking relief from final felony

judgments. That jurisdiction lies exclusively with the Texas Court of Criminal

Appeals. See 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); In re McAfee , 53

S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) ; Tex.

Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2005).

The petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Al cala and Bland.

Do not publish. Tex. R. App. P. 47.2(b).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.