IN RE: Larry Tillman (2016)

MEMORANDUM OPINION

On February 1, 2016, relator Larry Tillman filed a petition for writ of mandamus in this court.  See Tex. Gov't Code Ann. § 22.221 (West 2004);  see also Tex.R.App. P. 52.  However, the petition is addressed to and asks for relief from the Texas Court of Criminal Appeals, not our court.

In the petition, relator asks the Texas Court of Criminal Appeals to compel the Honorable Denise Bradley, presiding judge of the 262nd District Court of Harris County, among other things, to immediately transmit relator's postconviction habeas application to the Court of Criminal Appeals.  Relator seeks such relief under article 11.07 of the Code of Criminal Procedure.

Courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases.  See Tex.Code Crim. Proc. art. 11.07;  Board of Pardons and Paroles ex. rel. Keene v. Court of Appeals for the Eighth Dist., 910 S. W.2d 481, 483 (Tex.Crim.App.1995);  In re Briscoe, 230 S.W.3d 196, 196–97 (Tex.App.—Houston [14th Dist.] 2006, orig. proceeding).  To complain about any action, or inaction, of the convicting court, the applicant may seek relief from the Court of Criminal Appeals.  See Tex. Const. art.  V, § 5;  Taylor v. State, 14–13–00614–CR, 2013 WL 4816409, at *1 (Tex.App.—Houston [14th Dist.] Sept. 10, 2013, no pet.).

We deny relator's petition for writ of mandamus because (1) relator appears to have filed his petition in this court mistakenly, as evidenced by the fact that his petition is not addressed to this court, and (2) in any event, this court is without jurisdiction to grant the relief relator requests in his petition.

PER CURIAM