CourtListener 9998928•In Re: Bernardist D. Lee v. the State of Texas
In Re: Bernardist D. Lee v. the State of Texas
CourtListener 9998928Txctapp58 de jul. de 2024
Texto completo
DISMISSED and Opinion Filed July 8, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00452-CV
IN RE BERNARDIST D. LEE, Relator
Original Proceeding from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-9746252
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Garcia
In his April 15, 2024 petition for writ of mandamus, relator contends his 1997
murder conviction must be set aside for various reasons, and he requests this Court
compel the trial court to grant him a new trial.
Upon review, relator’s petition does not meet the requirements of the Texas
Rules of Appellate Procedure for consideration of mandamus relief. See In re
Backusy, No. 05-23-00674-CV, 2023 WL 4540278, at *1 (Tex. App.—Dallas July
14, 2023, orig. proceeding) (mem. op.); see also TEX. R. APP. P. 52.3(g), 52.3(h),
52.3(j), 52.3(k)(1)(A), 52.7(a)(1), 52.7(a)(2). For example, relator failed to file with
his petition an appendix or record containing documents showing the matter
complained of and any other documents material to his claim for relief. See TEX. R.
APP. P. 52.3(k)(1)(A), 52.7(a)(1); In re Skinner, No. 05-23-00930-CV, 2023 WL
6618295, at *1 (Tex. App.—Dallas Oct. 11, 2023, orig. proceeding) (mem. op.)
(explaining that it is relator’s burden to provide the Court with a sufficient record to
show entitlement to mandamus relief). Additionally, relator included but failed to
sign the rule 52.3(j) certification required for consideration of mandamus relief. See
TEX. R. APP. P. 52.3(j); In re Stewart, No. 05-19-01338-CV, 2020 WL 401764, at
*1 (Tex. App.—Dallas Jan. 24, 2020, orig. proceeding) (mem. op.) (explaining that
our precedent requires “exceptionally strict compliance” with rule 52.3(j)).
Notwithstanding these defects, we lack jurisdiction to entertain the petition.
Relator brings a collateral attack on a final conviction and, therefore, his complaint
falls within the scope of a post-conviction writ of habeas corpus under article 11.07
of the Texas Code of Criminal Procedure. See TEX. CODE OF CRIM. PROC. art. 11.07.
The Texas Court of Criminal Appeals, not this Court, has exclusive jurisdiction in
final, post-conviction felony proceedings. Id.; Ater v. Eighth Ct. of Appeals, 802
S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (“We are the only court
with jurisdiction in final post-conviction felony proceedings.”).
Accordingly, we dismiss this proceeding for lack of jurisdiction.
/Dennise Garcia/
DENNISE GARCIA
240452F.P05 JUSTICE
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