in Re Ernesto R. Hinojosa, Sr., Relator

MEMORANDUM OPINION

No. 04-11-00481-CR

IN RE Ernesto R. HINOJOSA, SR.

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Karen Angelini, Justice

Rebecca Simmons, Justice

Marialyn Barnard, Justice

Delivered and Filed: July 27, 2011

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF

JURISDICTION

On July 12, 2011, relator Ernesto R. Hinojosa, Sr. filed a petition for writ of mandamus, complaining of the trial court’s failure to recuse himself from relator’s application for habeas corpus relief pursuant to Article 11.07 of the Texas Code of Criminal Procedure. However, only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction habeas corpus proceedings. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2008); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (holding that if an applicant finds it necessary to complain about an action or inaction of the convicting court, the applicant may seek mandamus relief from the Texas Court of Criminal Appeals). Because the relief sought in relator’s petition relates to post-conviction habeas corpus relief, we are without jurisdiction to consider his petition for writ of mandamus. Accordingly, relator’s petition is DISMISSED FOR LACK OF JURISDICTION.

PER CURIAM

DO NOT PUBLISH