COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: ERIC FLORES, Relator. |
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No. 08-07-00263-CR
AN ORIGINAL PROCEEDING IN MANDAMUS |
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator Eric Flores seeks a writ of mandamus alleging the Honorable Guadalupe Aponte, Justice of the Peace, Precinct Three, cannot assert jurisdiction over him because the citation issued by the El Paso County Sheriff's Department was issued for intimidation purposes. In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available and (2) that the act he seeks to compel is ministerial. Dickens v. Court of Appeals For Second Supreme Judicial Dist. of Texas, 727 S.W.2d 542, 548 (Tex. Crim. App. 1987). This Court has the authority to issue a writ of mandamus in two instances: (1) when necessary to enforce the court's jurisdiction or (2) against a judge of a district or county court in the court of appeals district; or a judge of a district court who is acting as a magistrate at a court of inquiry in the court of appeals district. See Tex. Gov't Code Ann. § 22.221(a) & (b) (Vernon 2004). Because Flores does not seek mandamus relief against a proper party under Section 22.221(b), we dismiss his petition for writ of mandamus for lack of jurisdiction.
KENNETH R. CARR, Justice
October 18, 2007
Before Chew, C.J., McClure, and Carr, JJ.
(Do Not Publish)