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in Re Jose Alberto Gutierrez
04-17-00427-CR
| Tex. App. | Jul 31, 2017
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Case Information

*1 Fourth Court of Appeals

San Antonio, Texas

July 31, 2017

No. 04-17-00427-CR IN RE Jose Alberto GUTIERREZ

Original Mandamus Proceeding [1]

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice

Patricia O. Alvarez, Justice

On July 5, 2017, Relator filed a pro se petition for writ of mandamus, which this court denied because Relator filed no supporting documents with his petition. In re Gutierrez , No. 04- 17-00427-CR, 2017 WL 2960390 (Tex. App.—San Antonio July 12, 2017, orig. proceeding) (mem. op., not designated for publication). On July 19, 2017, Relator filed a document with this court, which this court construes as a motion for rehearing. Relator attached several documents to the motion. On July 28, 2017, Relator filed an additional document, with additional attachments, which this court construes as a supplemental motion for rehearing. Both the motion for rehearing and supplemental motion, with their respective supporting documents, indicate Relator is seeking post-conviction relief from a final felony conviction.

This court does not have jurisdiction to grant post-conviction relief from an otherwise final felony conviction: only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist. , 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Stone , 26 S.W.3d 568, 569 (Tex. App.—Waco 2000, orig. proceeding); see also T EX . C ODE C RIM . P ROC . A NN . art. 11.07 (West 2015). Because Relator seeks post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to grant him the relief he seeks. Therefore, Relator has failed to show himself entitled to a rehearing of the denial of his petition for writ of mandamus. Accordingly, the motion for rehearing is DENIED.

It is so ORDERED on July 31, 2017. *2 _________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of July, 2017.

___________________________________ Luz Estrada

Chief Deputy Clerk

[1] This proceeding arises out of Cause No. 2008CR1186, styled State of Texas v. Jose Alberto Gutierrez , pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Jefferson Moore presiding.

Case Details

Case Name: in Re Jose Alberto Gutierrez
Court Name: Court of Appeals of Texas
Date Published: Jul 31, 2017
Docket Number: 04-17-00427-CR
Court Abbreviation: Tex. App.
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