in Re Edward R. Newsome

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 29, 2009.

 

In The

Fourteenth Court of Appeals

NO. 14-09-00784-CR

 

In Re Edward R. Newsome, Relator

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM  OPINION

On September 10, 2009, relator, Edward R. Newsome, filed a petition for writ of mandamus in this Court.  See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator claims he is being unlawfully restrained on his conviction for unauthorized use of a motor vehicle.  Relators names “John Doe, et al.” as the respondents. 

A court of appeals has no general writ power over a person—other than a judge of a district or county court—unless issuance of the writ is necessary to enforce the court’s jurisdiction.  See Tex. Gov’t Code Ann. § 22.221.  Respondents are not a district or county judge.  Moreover, relator has not shown that the exercise of our mandamus authority against the respondents is necessary to enforce our jurisdiction because only the Texas Courts of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).  Therefore, we do not have jurisdiction to issue a writ of mandamus against the respondents. 

Accordingly, relator’s petition for writ of mandamus is ordered dismissed for lack of jurisdiction.

 


                                                                                    PER CURIAM

 

 

Panel consists of Justices Anderson, Guzman, and Boyce.

Do Not Publish — Tex. R. App. P. 47.2(b).