Court of Civil Appeals of Texas, 2010

in Re: Sonny Dale Moore

in Re: Sonny Dale Moore
Court of Civil Appeals of Texas · Decided September 29, 2010

in Re: Sonny Dale Moore

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS






IN RE: SONNY DALE MOORE,




                            Relator.

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No. 08-10-00177-CR


AN ORIGINAL PROCEEDING

                        IN MANDAMUS

 

 

 

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS



            Relator, Mr. Sonny Dale Moore, has filed a pro se petition for writ of mandamus requesting that this Court order the Judge of the 83rd Judicial District Court of Pecos County, Texas to forward his application for writ of habeas corpus to the Texas Court of Criminal Appeals pursuant to Article 11.07, § 3(c).

            Texas Courts of Appeal have no authority to issue writs of mandamus in criminal law matters related to post-conviction felony convictions. See Tex.Code Crim.Proc.Ann. art. 11.07, § 5 (Vernon 2005). Such authority is vested exclusively in the Texas Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex.App.--Houston [1st Dist.] 2001, no pet.). Because this Court does not have jurisdiction to consider Relator’s petition, it is DENIED.

Before Chew, C.J., McClure, and Rivera, JJ.


September 29, 2010                                                   

                                                                                    ANN CRAWFORD McCLURE, Justice


Before Chew, C.J., McClure, and Rivera, JJ.


(Do Not Publish)

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