In Re William Solomon Lewis v. the State of Texas ( 2023 )


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  • Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
    May 23, 2023.
    In The
    Fourteenth Court of Appeals
    NO. 14-23-00255-CR
    IN RE WILLIAM SOLOMON LEWIS, Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    185th District Court
    Harris County, Texas
    Trial Court Cause No. 1652421
    MEMORANDUM OPINION
    On April 13, 2023, relator William Solomon Lewis filed a petition for writ of
    mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
    P. 52. In the petition, relator asks this court to compel the Honorable Andrea Beall,
    presiding judge of the 185th District Court of Harris County, to (1) issue the writ of
    habeas corpus; (2) bring relator before the court; and (3) hold an evidentiary hearing
    on his application for writ of habeas corpus.
    Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive
    means to challenge a final felony conviction. 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) (orig. proceeding). Courts of appeals have no jurisdiction over post-
    conviction writs of habeas corpus in felony cases. Tex. Code Crim. Proc. art. 11.07;
    Keene, 
    910 S.W.2d at 483
    . Instead, jurisdiction to grant post-conviction habeas
    corpus relief on a final felony conviction rests exclusively with the Texas Court of
    Criminal Appeals. Padieu v. Court of Appeals of Tex., Fifth Dist., 
    392 S.W.3d 115
    ,
    117 (Tex. Crim. App. 2013) (orig. proceeding). To complain about any action, or
    inaction, of the convicting court, the applicant may seek mandamus relief from the
    Court of Criminal Appeals. In re Briscoe, 
    230 S.W.3d 196
    , 196‒97 (Tex. App.—
    Houston [14th Dist.] 2006, orig. proceeding). We do not have jurisdiction over
    relator’s requests.
    Accordingly, we dismiss relator's petition for lack of jurisdiction.
    PER CURIAM
    Panel consists of Chief Justice Christopher and Justices Wise and Hassan.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2