
NO. 07-09-0014-CV
NO. 07-09-0015-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

MARCH 31, 2009
 
______________________________


EARL COOPER, APPELLANT

v.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;

NOS. 57,019-E AND 58,020-E; HON. DOUGLAS WOODBURN, PRESIDING
________________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
 
Memorandum Opinion
          On January 8, 2009, Earl Cooper filed a document entitled “‘Notic[e] of Appeal’ for
post conviction psychiatric examination” in the district court.  This document was forwarded
to this Court by the trial court’s clerk.  In the document, Cooper complains that the trial
court failed to adhere to the deadlines required by Texas Code of Criminal Procedure
article 11.07.  As such, we construe this document to be a petition for writ of mandamus
seeking the issuance of a writ ordering the trial court to comply with the procedures
mandated by article 11.07.
          Jurisdiction to issue writs of mandamus in criminal law matters pertaining to habeas
corpus proceedings seeking relief from final felony judgments lies exclusively with the
Texas Court of Criminal Appeals.  In re McAfee, 53 S.W.3d 715, 717-18 (Tex.
App.–Houston [1st Dist.] 2001, orig. proceeding).  Intermediate appellate courts have no
authority to issue writs of mandamus in such matters.  See id.; Tex. Crim. Proc. Code Ann.
art. 11.07, § 3 (Vernon Supp. 2008).  Accordingly, Cooper's petition for writ of mandamus
is dismissed for want of jurisdiction.
 

Mackey K. Hancock
Justice
