IN RE: MITCHELL WINDELL WAGNER

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Court of Appeals of Texas, El Paso.

IN RE: MITCHELL WINDELL WAGNER, Relator.

No. 08-18-00031-CR

Decided: March 09, 2018

Before McClure, C.J., Rodriguez, and Palafox, JJ.

MEMORANDUM OPINION

Relator, Mitchell Windell Wagner, has filed a pro se mandamus petition against the Honorable Tracy F. Holmes, Judge of the 363rd District Court of Dallas County, Texas. We dismiss the petition for writ of mandamus for lack of jurisdiction.

To obtain mandamus relief, Relator must demonstrate that he does not have an adequate remedy at law and that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial District Court of Appeals, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). On May 28, 2010, we affirmed Relator's conviction of aggravated sexual assault of child. See Mitchell Windell Wagner v. State, No. 08-09-00021-CR, 2010 WL 2163845 (Tex.App.--El Paso May 28, 2010, pet. ref'd).1 Mandate issued on January 27, 2011. The issues raised in the mandamus petition constitute a challenge to Relator's final felony conviction. The Court of Criminal Appeals has exclusive jurisdiction to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction. Padieu v. Court of Appeals of Texas, Fifth District, 392 S.W.3d 115, 117 (Tex.Crim.App. 2013). Accordingly, we dismiss the petition for writ of mandamus for lack of jurisdiction.

FOOTNOTES

1.   The appeal was transferred from the Fifth Court of Appeals to the Eighth Court of Appeals pursuant to a docket equalization order. Relator originally submitted his mandamus petition to the Fifth Court of Appeals for filing, but the court of appeals did not file it. Relator then filed his mandamus petition with this Court.

GINA M. PALAFOX, Justice

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