DISMISS; and Opinion Filed April 3, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00417-CV
IN RE LESTER JON RUSTON, Relator
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F04-21379-M
MEMORANDUM OPINION
Before Justices O'Neill, Lang-Miers, and Evans
Opinion by Justice Lang-Miers
Before the Court is relator’s petition for writ of prohibition seeking to prevent the state
from commencing or continuing any prosecution against him. The facts and issues are well
known to the parties, so we need not recount them herein. This Court does not have jurisdiction
to enter a writ of prohibition to prevent criminal prosecution. TEX. CODE CRIM. PROC. ANN. art.
4.04 (West 2005); Allen v. Guarino, 635 S.W.2d 129, 129 (Tex. App.—Houston [1st Dist.] 1981,
orig. proceeding). Accordingly, we DISMISS relator’s petition for a writ of mandamus for want
of jurisdiction.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
130417F.P05