IN RE: Jeffrey L. Ward (2015)

MEMORANDUM OPINION

Relator Jeffrey L. Ward complains in this original mandamus proceeding that the trial court has failed to timely determine the factual issues raised in Relator's application for postconviction habeas relief.

Texas Code of Criminal Procedure Article 11.07 is the exclusive procedure available to an applicant seeking relief from a felony judgment imposing a penalty other than death.   See Tex.Code Crim. Proc. Ann. art. 11.07 §§ 1, 5 (West Supp.2014).   The court of criminal appeals has recently clarified that because it has exclusive Article 11.07 jurisdiction, an intermediate appellate court has no jurisdiction to rule on matters pertaining to a pending Article 11.07 application.   See Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117–18 (Tex.Crim.App.2013).

Because Article 11.07 applies to Relator's pending application for habeas relief, and this court has no jurisdiction to rule on any matters pertaining to a pending Article 11.07 habeas application, we are without jurisdiction to reach the merits of Relator's complaint.   Accordingly, we dismiss Relator's petition for writ of mandamus for want of jurisdiction.   See Tex.Code Crim. Proc. Ann. art. 11.07 § 1;  Padieu, 392 S.W.3d at 117–18.

PER CURIAM