in Re Jose Alberto Gutierrez

Fourth Court of Appeals San Antonio, Texas July 31, 2017 No. 04-17-00427-CR IN RE Jose Alberto GUTIERREZ Original Mandamus Proceeding1 ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice Patricia O. Alvarez, Justice

On July 5, 2017, Relator filed a pro se petition for writ of mandamus, which this court denied because Relator filed no supporting documents with his petition. In re Gutierrez, No. 04- 17-00427-CR, 2017 WL 2960390 (Tex. App.—San Antonio July 12, 2017, orig. proceeding) (mem. op., not designated for publication). On July 19, 2017, Relator filed a document with this court, which this court construes as a motion for rehearing. Relator attached several documents to the motion. On July 28, 2017, Relator filed an additional document, with additional attachments, which this court construes as a supplemental motion for rehearing. Both the motion for rehearing and supplemental motion, with their respective supporting documents, indicate Relator is seeking post-conviction relief from a final felony conviction.

This court does not have jurisdiction to grant post-conviction relief from an otherwise final felony conviction: only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Stone, 26 S.W.3d 568, 569 (Tex. App.—Waco 2000, orig. proceeding); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Because Relator seeks post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to grant him the relief he seeks. Therefore, Relator has failed to show himself entitled to a rehearing of the denial of his petition for writ of mandamus. Accordingly, the motion for rehearing is DENIED.

It is so ORDERED on July 31, 2017.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of July, 2017.

___________________________________ Luz Estrada Chief Deputy Clerk