IN THE
TENTH COURT OF APPEALS
No. 10-08-00231-CR
In re Calvin Vernon
Original Proceeding
MEMORANDUM Opinion
Calvin Vernon filed a petition for writ of mandamus complaining about his 1991 conviction for attempted murder. Vernon has not provided a proper proof of service, a certified or sworn copy of every document that is material to his claim for relief, or a proper verification in support of his allegations. See Tex. R. App. P. 9.5, 52.3, 52.7. However, we suspend the requirements of these rules. Tex. R. App. P. 2.
Even if the petition was properly verified and served with sworn copies of all the documents material to the claim, we would nevertheless be compelled to deny the petition for mandamus. The merits of his complaint, if cognizable at all, are for an article 11.07 writ of habeas corpus in the Court of Criminal Appeals, which he asserts he has already attempted but did not obtain relief. See Tex. Code Crim. Proc. Ann. art 11.07 (Vernon Supp. 2007).
Vernon’s petition for writ of mandamus is denied.
Vernon’s motion for leave to file the petition for writ of mandamus is dismissed as moot. The petition was filed on July 3, 2008. The Rules of Appellate Procedure were amended in 1997 to eliminate the need for a motion for leave to file the petition. See Tex. R. App. P. 52, Notes and Comments.
Vernon’s motion to proceed without the advance payment of cost is also dismissed as moot. As a criminal proceeding, no filing fees are charged.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Petition denied
Motions dismissed
Opinion delivered and filed July 16, 2008
Do not publish
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