in Re Jaime Flores

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00382-CR

IN RE Jaime FLORES, Relator Original Proceeding 1 PER CURIAM

Sitting: Patricia O. Alvarez, Justice

Beth Watkins, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: September 22, 2021

DISMISSED FOR LACK OF JURISDICTION

In his petition for writ of mandamus, relator asks this court to direct the trial court to withdraw relator’s allegedly unknowing, unintelligent, and involuntary 2007 plea of guilty. Intermediate courts of appeals have limited writ jurisdiction in criminal matters. See TEX. GOV’T CODE § 22.221. The Texas Court of Criminal Appeals, however, has jurisdiction in final post- conviction habeas corpus proceedings. See TEX. CODE CRIM. PROC. arts. 4.04, 11.07; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (by granting writ of mandamus to vacate judgment of conviction, court of appeals usurped exclusive authority of Court of Criminal Appeals to grant post-conviction relief). If an applicant finds it necessary to complain about an action or inaction of the convicting court, the applicant may seek relief from the Texas Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.— Houston [1st Dist.] 2001, orig. proceeding). This court lacks jurisdiction over relator’s complaints regarding his 2007 conviction. Accordingly, we dismiss this proceeding for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH