IN RE: ROQUE TERCERO-ARANDA--Appeal from 214th District Court of Nueces County

NUMBER 13-05-00271-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: ROQUE TERCERO-ARANDA,

RELATOR

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa, and Rodriguez

Memorandum Opinion Per Curiam

Relator, Roque Tercero-Aranda, filed a petition for writ of mandamus on April 15, 2005, requesting this Court to direct the Respondent, the Attorney General of the State of Texas, to withdraw from his federal habeas corpus case. Because we lack jurisdiction to issue a writ of mandamus against the Attorney General of the State of Texas, we dismiss relator=s petition. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004).

PER CURIAM

Memorandum Opinion delivered and filed

this 5th day of July, 2005.