in Re Henry Gradney II ( 2011 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 9, 2011.

In The

Fourteenth Court of Appeals

NO. 14-11-00465-CR

In Re Henry Gradney, II, Relator

  ORIGINAL PROCEEDING

WRIT OF MANDAMUS

248th District Court

Harris County, Texas

Trial Court Cause No.   1251706

MEMORANDUM OPINION

On May 27, 2011, relator Henry Gradney, III filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable Joan Campbell, presiding judge of the 248th District Court of Harris County, to grant a motion to withdraw his plea of nolo contendere.

Appellant was convicted in the 248th District Court of felony driving while intoxicated.  In his petition for writ of mandamus he contends his plea of nolo contendere was involuntary and that he received ineffective assistance of counsel.

While the courts of appeals have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991).  This court has no authority to issue a writ of mandamus to compel a district court judge to rule on matters seeking post-conviction relief from final felony convictions.  See In re McAfee, 53 S.W.3d 715, 718 (Tex .App.—Houston [1st Dist.] 2001, orig. proceeding). 

Because relator is seeking post-conviction relief, we conclude that we do not have jurisdiction over this proceeding.  Accordingly, we dismiss relator’s petition for writ of mandamus.

                                                                                    PER CURIAM

Panel consists of Justices Frost, Jamison, and McCally.

Do Not Publish — Tex. R. App. P. 47.2(b).