in Re Lamar Burks

Opinion issued March 12, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-01007-CR

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IN RE LAMAR BURKS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Lamar Burks, filed in this Court a petition for writ of mandamus,

complaining that the trial court judge

presiding over his post-conviction writ of

habeas corpus, filed as cause number 843968-A,

should be removed from his case

and that all orders entered by the trial court judge should be vacated. See Tex. Code

Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2009). 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. 2009).

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

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Keyes, Sharp and Massengale.

Do not publish.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