Court of Civil Appeals of Texas, 2007

in Re Ray Joe White

in Re Ray Joe White
Court of Civil Appeals of Texas · Decided March 8, 2007

in Re Ray Joe White

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-07-076 CV

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IN RE RAY JOE WHITE


Original Proceeding



MEMORANDUM OPINION

Ray Joe White filed a petition for writ of mandamus in this Court. See Tex. R. App. P. 52. The relator seeks to compel the convicting court to make findings on an application for a petition for writ of habeas corpus. Jurisdiction over post-conviction habeas proceedings rests exclusively with the Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon 2005); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (en banc). Mandamus relief in a post-conviction habeas proceeding must be obtained from the Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding). The petition is denied.

WRIT DENIED.

PER CURIAM



Opinion Delivered March 8, 2007

Before McKeithen, C.J., Gaultney and Horton, JJ.

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