Opinion

in Re Gerald Wayne Santee

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 15, 2007
Status
Published
Cited by
0 cases
Authority
More cited than 35.2%

The opinion

Opinion issued March 15, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-01045-CR

____________

IN RE GERALD WAYNE SANTEE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Gerald Wayne Santee, filed a motion for leave to file a writ of

mandamus , and a pro se petition for writ of mandamus, requesting that this Court

review his 1995 felony convictions for two separate offenses of aggravated robbery

and find the convictions void. We deny the motion for leave to file a writ of

mandamus, and we deny the petition.

We may issue all writs of mandamus, agreeable to the principles of law

regulating those writs, against a judge of a district or county court in our district.

Tex. Gov't Code Ann. § 22.221 (b) (Vernon Supp. 2006). We may also issue writs

of mandamus and all other writs necessary to enforce our jurisdiction. Tex. Gov't

Code Ann. § 22.221 (a) (Vernon Supp. 2006). Relator's request does not fall within

our mandamus authority.

Even if we considered relator's request as a petition for writ of habeas corpus,

we have neither original habeas corpus jurisdiction in criminal cases, nor post-conviction habeas corpus jurisdiction in felony cases. 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); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon

Supp. 2006).

The petition for writ of mandamus is therefore denied .

PER CURIAM

Panel consists of Justices Taft, Alcala, and Hanks.

Do not publish.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.

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