Court of Appeals of Texas, 2012

in Re Hermes Vasquez, Relator

in Re Hermes Vasquez, Relator
Court of Appeals of Texas · Decided June 13, 2012
in Re Hermes Vasquez, Relator

Opinion

MEMORANDUM OPINION

No. 04-12-00314-CR

In re Hermes Vasquez, Relator

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: June 13, 2012

DISMISSED FOR LACK OF JURISDICTION

On May 23, 2012, Relator Hermes Vasquez filed a petition for writ of mandamus, complaining that there was a clerical error with the trial court’s certification of the defendant’s right to appeal. On December 7, 2011, this court dismissed the appeal in Cause No. 04-11- 00723-CR for lack of jurisdiction. We note that there is no defect to correct because the trial court certification conforms to the record. 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 (Vernon Supp. 2011); 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DO NOT PUBLISH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. 2011-CR-0855A, styled State of Texas v. Hermes Vasquez, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner presiding.

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