In Re: Leopoldo Salinas--Appeal from 209th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 26, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00459-CV

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IN RE LEOPOLDO SALINAS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On May 12, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator sought to have this court compel his court-appointed attorney to forward a copy of the State=s brief in the appeal of his criminal conviction.[1]

We lack power to issue a writ of mandamus against an attorney. Section 22.221 of the Texas Government Code gives us power to issue writs of mandamus(1) against a judge of a district or county court in our court of appeals district, or (2) to enforce the jurisdiction of our court. Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004). Relator does not seek either type of relief.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed May 26, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.

[1] On April 26, 2005, this court affirmed appellant=s conviction. See Salinas v. State, No. 14-04-01208-CR, (Tex. App.CHouston [14th Dist.] April 26, 2005, pet. filed). On May 11, 2005, appellant=s court-appointed counsel filed a petition for discretionary review by the Court of Criminal Appeals.