Opinion issued May 19, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00188-CR

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IN RE LORENZO RUBIO QUINTERO, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator, Lorenzo Rubio Quintero, has filed in this Court a petition for writ of mandamus, requesting that this Court order respondent, Harris County District Clerk “to disclose and produce the pre-sentence investigation (PSI) report filed in relator’s criminal case cause number 741722.” Relator states that he was convicted in cause number 741722 of the offense of aggravated sexual assault, and following a pre-sentence investigation was sentenced, on October 30, 1997, to confinement for 40 years.

          This Court has mandamus jurisdiction over a district court judge or county court judge in our district, and all writs necessary to enforce our jurisdiction. See Tex. Gov’t Code Ann. § 22.221(b) (Vernon 2008). We do not have authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). This is because jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2008); 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).

          Therefore, because the matter raised in relator’s petition does not affect our jurisdiction, we must deny the petition.

          The petition for writ of mandamus is denied.

          Any pending motions are denied.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Taft and Sharp.

Do not publish.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