In Re: Frank Hebert McClain, Jr.--Appeal from 159th District Court of Angelina County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-07-00204-CR
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IN RE:

FRANK HEBERT MCCLAIN, JR.

 

Original Mandamus Proceeding

 

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss

 

MEMORANDUM OPINION

 

Frank Hebert McClain, Jr., has filed a petition for writ of mandamus in which he asks this Court to conclude the trial court erred by revoking McClain's bail pending appeal. For the reasons set forth below, we dismiss the petition for want of jurisdiction.

The limited record before us suggests McClain was convicted for theft of trade secrets in the 159th Judicial District Court of Angelina County and sentenced to seven years' confinement. See Tex. Penal Code Ann. 31.05 (Vernon 2003). McClain timely appealed the trial court's judgment to the Twelfth Court of Appeals, which the Texas Supreme Court later transferred to this Court pursuant to the Texas Supreme Court's docket equalization authority. See Tex. Gov't Code Ann. 73.001 (Vernon 2005). Thereafter, McClain made bail during the pendency of his appeal, but the trial court later revoked that bail. McClain now asks us to order the trial court to withdraw its order revoking his bail pending appeal because the evidence underlying the revocation order is not supported by sufficient evidence.

"An original appellate proceeding seeking extraordinary relief--such as a writ of habeas corpus, mandamus, prohibition, injunction, or quo warranto--is commenced by filing a petition with the clerk of the appropriate appellate court." Tex. R. App. P. 52.1. The Texas Legislature has geographically limited our original appellate jurisdiction to nineteen specific counties in northeast Texas. Tex. Gov't Code Ann. 22.201(g) (Vernon Supp. 2007). Angelina County is not one of our counties; instead, Angelina County falls within the district of the Twelfth Court of Appeals. Tex. Gov't Code Ann. 22.201(m) (Vernon Supp. 2007). Accordingly, a petition for writ of mandamus seeking relief for an act done by a judge within the jurisdiction of the Twelfth Court of Appeals must be filed with the Tyler appellate court. It matters not that we have, by way of transfer, received a corollary matter; absent authority via statute or Texas Supreme Court transfer, we lack jurisdiction over this matter.

For the reasons stated, we dismiss McClain's petition for writ of mandamus.

 

Josh R. Morriss, III

Chief Justice

Date Submitted: December 20, 2007

Date Decided: December 21, 2007

 

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