Court of Appeals of Texas, 2011

in Re Edward Robinson, Relator

in Re Edward Robinson, Relator
Court of Appeals of Texas · Decided February 16, 2011 · No. 04-11-00099-CR
in Re Edward Robinson, Relator

Opinion

MEMORANDUM OPINION No. 04-11-00099-CR IN RE Edward ROBINSON Original Mandamus Proceeding 1

PER CURIAM Sitting: Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: February 16, 2011 PETITION FOR WRIT OF MANDAMUS DENIED

On February 7, 2011, relator Edward Robinson filed a petition for writ of mandamus, complaining about his underlying felony conviction. In 2005, relator was convicted of manslaughter and was sentenced to sixteen years’ confinement. On March 15, 2006, this court affirmed the judgment in Cause No. 04-05-00482-CR. Therefore, relator’s felony conviction became final.

Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post- conviction relief from an otherwise final felony conviction. 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 (West Supp. 2008); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that “Article 11.07 provides the exclusive means to challenge a final felony conviction.”). Because the relief sought in relator’s petition relates to post-conviction relief from an otherwise final felony conviction, 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PER CURIAM DO NOT PUBLISH

1 This proceeding arises out of Cause No. 2004-CR-0748, styled State of Texas v. Edward Robinson, in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

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