Opinion

in Re Oscar Nathiel Scott

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Apr 19, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued April 19, 2012

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-12-00182-CR

———————————

in re oscar nathaniel scott, Relator

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Case No. 1208957B

MEMORANDUM OPINION

Relator,

Oscar Nathaniel Scott, has filed pro se a petition for writ of mandamus in

which he complains that he has not received any written response or

communication from the Harris County district clerk or the State of Texas

regarding his pending application for writ of habeas corpus, which he filed in

the trial court below. Appellant further

complains that he has not been appointed counsel and the trial court has not

forwarded or transmitted his application for writ of habeas corpus, with all

exhibits, attachments, answers, and findings, to the Texas Court of Criminal

Appeals.

On March 8, 2012, we issued an

opinion denying the petition. Scott

filed a motion for rehearing. We grant

Scott’s motion for rehearing, and we withdraw our March 8, 2012 opinion denying

t he petition for writ of

mandamus.

On September 13, 2010, we affirmed Scott’s conviction for the offense of

possession of cocaine weighing less than one gram. [1] See

Scott v. State , No. 01–09–00928–CR, 2010 WL 3718598 , at *3 (Tex.

App.—Houston [1st Dist.] Sept. 23, 2010, pet. ref’d) (mem. op.). We noted in our opinion that, after finding

true the allegations in two enhancement paragraphs that Scott had previously

been convicted of two felony offenses, the trial court assessed Scott’s

punishment at confinement for five years.

Id . at *1. Scott’s petition, and the trial and appellate

court records, reflect that Scott seeks relief from a final felony

conviction. The exclusive remedy from

final felony convictions is a writ of habeas corpus. Only the Texas Court of Criminal Appeals has

jurisdiction in final post-conviction habeas corpus proceedings. See

Tex. Code Crim. Proc. Ann. art.

11.07 (Vernon 2005); Board of Pardons

& Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist. , 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). Thus, this Court is without

authority to grant the relief Scott seeks.

See Board of Pardons & Paroles

ex rel. Keene , 910 S.W.2d at 483 ; In

re McAfee , 53 S.W.3d at 717–18; see

also In re Berry , No.

01–11–00855–CR, 2012 WL 253142 , at *1 (Tex. App.—Houston [1st Dist.] Jan. 26, 2012,

orig. proceeding) (mem. op.) (“We have no authority to issue writs of mandamus

in criminal law matters pertaining to habeas corpus proceedings in which relief

is sought from a final felony judgment. That jurisdiction lies exclusively with

the Texas Court of Criminal Appeals.”).

We dismiss the petition for writ of mandamus for lack of

jurisdiction.

PER CURIAM

Panel

consists of Justices Jennings, Massengale, and Huddle.

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

[1]

See Tex. Health & Safety Code Ann. §§ 481.102(3)(D), 481.115(a),

(b) ( Vernon 2010).

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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