Court of Civil Appeals of Texas, 2013

Ex Parte Reginald I. Bailey AKA Ray Hill

Ex Parte Reginald I. Bailey AKA Ray Hill
Court of Civil Appeals of Texas · Decided July 17, 2013

Ex Parte Reginald I. Bailey AKA Ray Hill

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00421-CR EX PARTE Reginald I. BAILEY aka Ray Hill Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: July 17, 2013 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On July 2, 2013, relator Reginald I. Bailey a.k.a. Ray Hill filed an original proceeding, complaining about his underlying felony conviction. In 1991, relator was convicted of aggravated sexual assault of a child and was sentenced to ninety-nine years’ confinement. On April 30, 1992, this court affirmed the judgment in Cause No. 04-91-00588-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. 2012); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 1 This proceeding arises out of Cause No. 1990CR7309, styled The State of Texas v. Reginald Bailey, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Terry McDonald presiding.

04-13-00421-CR

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PER CURIAM DO NOT PUBLISH

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