Court of Civil Appeals of Texas, 2012

in Re Larry Cantu, Relator

in Re Larry Cantu, Relator
Court of Civil Appeals of Texas · Decided February 29, 2012

in Re Larry Cantu, Relator

Opinion

MEMORANDUM OPINION No. 04-12-00070-CR IN RE Larry M. CANTU Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: February 29, 2012 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On February 2, 2012, relator Larry M. Cantu filed a petition for writ of mandamus, complaining the trial court failed to rule on his various requests for records. However, on October 21, 2011 relator was convicted of aggravated robbery, and no appeal was taken to this court.

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. 2011); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910

This proceeding arises out of Cause No. 2010-CR-9404, styled State of Texas v. Larry M. Cantu, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Angus K. McGinty presiding.

04-12-00070-CR

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DO NOT PUBLISH

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