In Re Gerald Don Gatewood v. the State of Texas

Opinion filed May 8, 2025

In The

Eleventh Court of Appeals
__________

No. 11-25-00104-CR
__________

IN RE GERALD DON GATEWOOD

Original Proceeding

MEMORANDUM OPINION
In 2007, Relator, Gerald Don Gatewood, was convicted of felony driving
while intoxicated and sentenced to imprisonment for a term of fifty years. See TEX.
PENAL CODE ANN. §§ 49.04, 49.09 (West Supp. 2024). This court affirmed his
conviction. Gatewood v. State, No. 11-07-00153-CR, 2008 WL 4440438, at *1
(Tex. App.—Eastland Oct. 2, 2008, pet. ref’d) (mem. op., not designated for
publication). Proceeding pro se, Relator filed a petition for a writ of mandamus
asking this court to compel the Honorable Reed A. Filley, presiding judge of the
106th District Court of Gaines County, Texas to rule on Relator’s application for
writ of habeas corpus filed pursuant to Article 11.07 of the Texas Code of Criminal
Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2024); see also
TEX. R. APP. P. 73 (governing postconviction applications for writs of habeas corpus
filed under Article 11.07). We dismiss Relator’s petition for want of jurisdiction.
This court’s authority to exercise original jurisdiction is limited. See TEX.
CONST. art. V, §§ 5, 6 (intermediate courts of appeals only have original jurisdiction
as prescribed by law); TEX. GOV’T CODE ANN. § 22.221 (West Supp. 2024) (limited
writ powers granted to courts of appeals). Where, as here, there is a final felony
conviction, only the Court of Criminal Appeals has jurisdiction over postconviction
habeas corpus proceedings. Padieu v. Court of Appeals of Tex., Fifth Dist., 392
S.W.3d 115, 117 (Tex. Crim. App. 2013); Ater v. Eighth Court of Appeals, 802
S.W.2d 241, 243 (Tex. Crim. App. 1991) (Court of Criminal Appeals is “the only
court with jurisdiction in final post-conviction felony proceedings”); In re McAfee,
53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (court
of appeals had no jurisdiction to compel the trial judge to act on a petition filed
pursuant to Article 11.07). Thus, as an intermediate appellate court, we have no
jurisdiction to address this original proceeding. Should an applicant find it necessary
to complain about the processing of an application for writ of habeas corpus filed
under Article 11.07, the applicant may seek mandamus relief from the Texas Court
of Criminal Appeals. See Benson v. Dist. Clerk, 331 S.W.3d 431, 432 (Tex. Crim.
App. 2011) (per curiam).
Accordingly, Relator’s petition is dismissed for want of jurisdiction.

W. BRUCE WILLIAMS
JUSTICE

May 8, 2025
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

2