In Re: Douglas Wayne Jenkins Appeal from 112th District Court of Pecos County (memorandum opinion )

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § No. 08-14-00223-CR IN RE: DOUGLAS WAYNE JENKINS, § AN ORIGINAL PROCEEDING Relator. § IN MANDAMUS § § § MEMORANDUM OPINION Douglas Wayne Jenkins, Relator, has filed a petition for writ of mandamus against the Honorable Pedro Gomez, Judge of the 112th District Court of Pecos County, Texas, asking that we order Respondent to rule on a petition for writ of habeas corpus. We deny mandamus relief. A party seeking a writ of mandamus in a criminal case must make two showings: (1) that there is no adequate remedy at law to redress the alleged harm; and (2) that the act the relator seeks to compel is ministerial rather than discretionary in nature. See e.g. Board of Pardons and Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995) (orig. proceeding); In re State of Texas, 304 S.W.3d 581, 583 (Tex.App.-El Paso 2010, orig. proceeding). Although mandamus will not issue to compel a particular result in what is manifestly a discretionary decision, mandamus may be appropriate to impel consideration of a motion or the issuance of a ruling, the doing of which is not discretionary. White v. Reiter, 640 S.W.2d 586, 593-94 (Tex.Crim.App. 1982); State ex rel. Rodriguez, 196 S.W.3d 454, 458 (Tex.App.--El Paso 2006, orig. proceeding). Relator asks us to compel Respondent to rule on a pending Article 11.07 writ application. The Court of Criminal Appeals has exclusive jurisdiction in final post-conviction habeas corpus proceedings. TEX.CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2013); Padieu v. Court of Appeals of Texas, Fifth District, 392 S.W.3d 115, 117 (Tex.Crim.App. 2013); In re McAfee, 53 S.W.3d 715, 717 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding). Any complaints about action or inaction on a pending Article 11.07 writ application must be brought by mandamus to the Court of Criminal Appeals. In re McAfee, 53 S.W.3d at 717. Accordingly, we deny the relief requested. GUADALUPE RIVERA, Justice August 6, 2014 Before McClure, C.J., Rivera, and Rodriguez, JJ. (Do Not Publish) 2

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