in Re Patrick Bradshaw, Relator ( 2011 )


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  •                                    MEMORANDUM OPINION
    No. 04-11-00416-CR
    IN RE Patrick BRADSHAW
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Catherine Stone, Chief Justice
    Sandee Bryan Marion, Justice
    Phylis J. Speedlin, Justice
    Delivered and Filed: June 29, 2011
    PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
    On June 15, 2011, relator Patrick Bradshaw filed a petition for writ of mandamus,
    seeking a copy of the indictment and judgment from his felony conviction. In 1998, relator was
    convicted of murder, and was sentenced to forty years’ confinement. Relator did not appeal the
    conviction. Therefore, relator’s felony conviction is final.
    Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-
    conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals,
    
    802 S.W.2d 241
    , 243 (Tex. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp.
    2010); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 
    910 S.W.2d 481
    , 483 (Tex. Crim. App. 1995) (holding that “Article 11.07 provides the exclusive
    1
    This proceeding arises out of Cause No. 97-03-9427-CR-A, styled State of Texas v. Patrick Bradshaw, in
    the 38th Judicial District Court, Uvalde County, Texas, the Honorable Camile Dubose presiding.
    04-11-00416-CR
    means to challenge a final felony conviction.”). Because the relief sought in relator’s petition
    relates to post-conviction relief from an otherwise final felony conviction, we are without
    jurisdiction to consider his petition for writ of mandamus.
    Accordingly, relator’s petition is DISMISSED FOR LACK OF JURISDICTION.
    PER CURIAM
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-11-00416-CR

Filed Date: 6/29/2011

Precedential Status: Precedential

Modified Date: 10/16/2015