Opinion issued January 7, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-01032-CR
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IN RE DARYL L. DAVIS, Relator
Original Proceeding on Petition for Writ of Mandamus1
MEMORANDUM OPINION
Relator, Daryl L. Davis, has filed a petition for writ of mandamus, seeking to
compel the trial court to issue a written order on his motion for appointment of
1
Counsel for Relator: pro se
Counsel for Real Party in Interest: N/A
post-conviction counsel to perfect a writ of habeas corpus under Texas Code of
Criminal Procedure article 11.07.2
We have no authority to issue writs of mandamus in criminal law matters
pertaining to proceedings under Texas Code of Criminal Procedure article 11.07.
See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2013); In re Briscoe, 230
S.W.3d 196, 196–97 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding); In
re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig.
proceeding); see also TEX. GOV’T CODE ANN. § 22.221(a), (b) (West 2004); In re
Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig.
proceeding).
Accordingly, we dismiss the petition for writ of mandamus for want of
jurisdiction.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
2
The underlying case is Daryl L. Davis v. State of Texas, No. 753744A in the 179th
District Court of Harris County, Texas, the Honorable Kristin M. Guiney
presiding.
2