In Re Thomas Florence--Appeal from of County

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Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 28, 2010. In The Fourteenth Court of Appeals NO. 14-10-01015-CR IN RE THOMAS FLORENCE, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS MEMORANDUM OPINION On October 19, 2010, relator Thomas Florence filed a document entitled Supplement Advisory to Habeas Corpus Combined Writ of Mandamus. See Tex. Gov t Code Ann. §22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to order the Galveston Police Report and indictment ASAP which will show that I m illegally detained and charged. This court s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals district, and (2) all writs necessary to enforce the court of appeals jurisdiction. Tex. Gov t Code Ann. § 22.221 (West 2004). Relator s pleadings do not attempt to appeal from action of a trial court, nor do the documents allege actions that he claims threaten this court s jurisdiction. Relator does not name a respondent over whom this court has mandamus jurisdiction. Further, because relator does not seek to invoke this court s appellate jurisdiction, nor assert that mandamus should issue to protect this court s jurisdiction, we do not have jurisdiction to issue mandamus under the facts and circumstances alleged. To the extent relator is attempting to file a pretrial writ of habeas corpus, this court also has no jurisdiction. We are unable to consider relator s petition because our habeas corpus jurisdiction in criminal matters is appellate only. Denby v. State, 627 S.W.2d 435 (Tex. App. Houston [1st Dist.] 1981, orig. proceeding), cert. denied, 462 U.S. 1110 (1983). Accordingly, relator s petition is ordered dismissed. PER CURIAM Panel consists of Justices Anderson, Frost, and Brown. Do Not Publish Tex. R. App. P. 47.2(b). 2

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