DISMISS and Opinion Filed December 23, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01521-CV
IN RE REGINALD ARLEIGH NOBLE, Relator
Original Proceeding from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F00-50025-K
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Evans
Opinion by Justice Evans
Relator Reginald Arleigh Noble filed a petition for writ of quo warranto in this Court, see
TEX. R. APP. P. 52.1, claiming Criminal District Court No. 4 lacked jurisdiction to convict him in
2000 for aggravated sexual assault of a child under 14 years of age and asking this Court to grant
him a new trial. Noble was convicted of aggravated sexual assault of a child and sentenced to life
in prison. His conviction was affirmed on direct appeal. See Noble v. State, No. 08-01-00035-
CR, 2002 WL 221886 (Tex. App.—El Paso Feb. 4, 2002, pet. ref'd) (not designated for
publication).
A writ of quo warranto is an extraordinary remedy used for raising certain actions against
private corporations and railroad companies as well as raising questions concerning the proper
person entitled to hold a public office and exercise its functions. TEX. CIV. PRAC. & REM. CODE
ANN. § 66.001; see State ex rel. Angelini v. Hardberger, 932 S.W.2d 489, 490 (Tex. 1996); Save
Our Springs All., Inc. v. Lazy Nine Mun. Util. Dist. ex rel. Bd. of Directors, 198 S.W.3d 300, 310
(Tex. App.—Texarkana 2006, pet. denied). Quo warranto proceedings are brought in the name of
the State by the Attorney General or the proper district or county attorney. Robinson v. Neeley,
192 S.W.3d 904, 909 (Tex. App.—Dallas 2006, no pet.). Noble’s petition complains that the trial
court lacked jurisdiction to convict him; he does not raise an issue for which a writ of quo warranto
is available. Therefore, quo warranto is an improper vehicle for obtaining the relief he seeks.
Furthermore, the writ power of this Court is limited to issuing writs of mandamus and all
other writs necessary to enforce our jurisdiction, which does not include a writ of quo warranto.
See TEX. GOV'T CODE ANN. § 22.221(a). The Texas Supreme Court, not the courts of appeals, is
vested with the power to issue writs of quo warranto. TEX. GOV'T CODE ANN. § 22.002(a); see TEX.
CONST. art. V, § 3. We do not have original jurisdiction over proceedings seeking a writ of quo
warranto.
Finally, even if we broadly construed Noble’s filing, there is no substance presented in
support of his often repeated conclusory statement that Criminal District Court No. 4 lacked
jurisdiction to convict him for aggravated sexual assault of a child under 14 years of age and then
sentence him to life in prison.
We dismiss Noble’s petition for lack of jurisdiction.
/David Evans/
DAVID EVANS
191521F.P05 JUSTICE
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