IN THE
TENTH COURT OF APPEALS
No. 10-18-00173-CR
IN RE ROBERT WHITFIELD
Original Proceeding
MEMORANDUM OPINION
In this original proceeding, Relator Robert Whitfield seeks a writ of mandamus
compelling Respondent Brian Evans, Freestone County District Attorney, to respond to
Whitfield’s motion for early termination of his obligation to register as a sex offender. See
TEX. CODE CRIM. PROC. ANN. art. 62.404 (West 2018).
A court of appeals has no jurisdiction to issue a writ of mandamus against a district
attorney except to protect its jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b) (West
Supp. 2017). Whitfield’s petition does not allege facts that require us to protect our
jurisdiction, so we do not have jurisdiction to decide his petition for writ of mandamus
against the District Attorney.
We thus dismiss the petition for want of jurisdiction.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition dismissed
Opinion delivered and filed May 30, 2018
Do not publish
[OT06]
In re Whitfield Page 2