in Re Ronald Antione Reed

Opinion issued December 30, 2009






 




In The

Court of Appeals

For The

First District of Texas


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NOS. 01-09-00932-CR

 01-09-00933-CR

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IN RE RONALD ANTIONE REED, Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION Relator, Ronald Antione Reed, has filed in this Court two petitions for writs of mandamus, complaining that respondent district clerk has not forwarded his post conviction writs of habeas corpus to the Texas Court of Criminal Appeals. Relator requests this Court to order respondent district clerk to transmit his Article 11.07 writs of habeas corpus to the Texas Court of Criminal Appeals. We dismiss the petitions. 

          We have no authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2009). See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

          The petitions for writ of mandamus are dismissed for lack of jurisdiction.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Bland and Massengale.

Do not publish. Tex. R. App. P. 47.2(b).