IN RE: Luis Antonio Diaz (2011)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

The court has considered relator's petition for writ of mandamus and is of the opinion that relief should be denied.²  Accordingly, relator's petition for writ of mandamus is denied.

PANEL:  MCCOY, GARDNER, and GABRIEL, JJ.

DELIVERED:  May 12, 2011

FOOTNOTES

FN1. See Tex.R.App. P. 47.4, 52.8(d)..  FN1. See Tex.R.App. P. 47.4, 52.8(d).

FN2. Jurisdiction to grant post-conviction habeas corpus relief from a final felony conviction rests exclusively with the court of criminal appeals.   See In re McAfee, 53 S.W.3d 715, 718 (Tex.App.—Houston [1st Dist.] 2001, orig. proceeding) (“Should an applicant find it necessary to complain about an action or inaction of the convicting court, the applicant may seek mandamus relief from the Court of Criminal Appeals.”);   see also Tex.Code Crim. Proc. Ann. art. 11.07, § 5 (“After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.”)..  FN2. Jurisdiction to grant post-conviction habeas corpus relief from a final felony conviction rests exclusively with the court of criminal appeals.   See In re McAfee, 53 S.W.3d 715, 718 (Tex.App.—Houston [1st Dist.] 2001, orig. proceeding) (“Should an applicant find it necessary to complain about an action or inaction of the convicting court, the applicant may seek mandamus relief from the Court of Criminal Appeals.”);   see also Tex.Code Crim. Proc. Ann. art. 11.07, § 5 (“After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.”).