Opinion

in Re Ruben Guerrero

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Apr 12, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 38.6%

The opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00209-CV

In re Ruben Guerrero

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Relator Ruben Guerrero has filed a pro se petition for writ of mandamus. In the

petition, Guerrero asks this Court to direct the Travis County District Clerk to deliver to the

Texas Court of Criminal Appeals documents concerning a habeas corpus proceeding filed

pursuant to article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann.

art. 11.07, § 3(c) (West Supp. 2011).

Article 11.07 vests exclusive appellate jurisdiction over post-conviction writs of

habeas corpus in felony cases in the court of criminal appeals. See Tex. Code Crim. Proc. Ann.

art. 11.07 (West Supp. 2010); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals

for Eighth Dist. , 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Watson , 253 S.W.3d 319,

320 (Tex. App.--Amarillo 2008, orig. proceeding). Thus, intermediate appellate courts have no

jurisdiction in such matters. See In re Briscoe , 230 S.W.3d 196 (Tex. App.--Houston [14th Dist.]

2006, orig. proceeding); In re McAfee , 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001,

orig. proceeding).

Accordingly, we dismiss the petition for want of jurisdiction.

___________________________________________

Bob Pemberton, Justice

Before Chief Justice Jones, Justices Pemberton and Rose

Filed: April 12, 2012

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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