11th Court of Appeals

Eastland, Texas

Opinion

In re Alex Qualls

            No. 11-04-00064-CR – Original Mandamus Proceeding

            Alex Qualls has filed in this court a pro se motion for writ of mandamus. Qualls requests that this court mandamus the 336th Judicial District Court in Grayson County, Texas, to respond to his post-felony conviction writ of habeas corpus.

            This court lacks jurisdiction to entertain Qualls’s motion. TEX. GOV’T CODE ANN. § 22.221 (Vernon Supp. 2004) provides that this court may issue a writ of mandamus to enforce its jurisdiction and may issue a writ of mandamus according to law against a district court in one of the 28 counties listed in TEX. GOV’T CODE ANN. § 22.201(l) (Vernon Supp. 2004). Only the Court of Criminal Appeals has jurisdiction to consider post-felony conviction writs of habeas corpus. TEX. CODE CRIM. PRO. ANN. art. 11.07 (Vernon Supp. 2004). Moreover, Grayson County is not one of the counties in the 11th Court of Appeals’s judicial district. Qualls’s concerns should be addressed to both the Court of Criminal Appeals and the trial court.

            The motion is denied.

                                                                                                PER CURIAM

March 4, 2004

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.