in Re Phillip L. Green ( 2005 )

Opinion issued February 17, 2005

  In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-05-00056-CR

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IN RE PHILLIP LATRELL GREEN, Relator

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Original Proceeding on Petition for Writ of Mandamus  

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MEMORANDUM OPINION

               Relator, Phillip Latrell Green, filed in this Court a motion for leave to file a petition for writ of mandamus. We grant the motion for leave to file the petition.

               Relator also filed a petition for writ of mandamus, complaining that respondent did not rule on his motion to obtain a copy of an audiotape admitted into evidence as a State’s exhibit in the trial of cause number 901570, State of Texas v. Phillip Latrell Green. According to the petition, relator needs the audiotape to prepare an article 11.07 writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004-2005).  

               This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2004-2005).

               The petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Higley and Bland.

Do not publish. Tex. R. App. P. 47.2(b).