In Re: Rudy Van Williams--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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IN RE: RUDY VAN WILLIAMS, ) No. 08-06-00076-CR

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)AN ORIGINAL PROCEEDING

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)IN MANDAMUS

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O P I N I O N

Relator Rudy Van Williams seeks a writ of mandamus to compel the El Paso District Attorney s Office to comply with Tex.Code Crim.Proc.Ann. art. 11.07, 3(b), (c), (d), 7 (Vernon 2005) with respect to his application for an Article 11.07 writ of habeas corpus, which he states he has filed in cause numbers 73946-34-4 and 73622-34-4. We have jurisdiction to issue writs of mandamus against judges of district or county courts in our district. Tex. Gov t Code Ann. 22.221(b)(Vernon 2004). We may issue the writ against other officials only if necessary to enforce our jurisdiction. See id. 22.221(a). The El Paso District Attorney s Office is not a judge within our district and Relator has not demonstrated that issuing the writ against the office is necessary to enforce our jurisdiction. To the extent that Relator s complaint concerns the Article 11.07 writ of habeas corpus proceedings, this Court does not have jurisdiction over matters related to post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding).

Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.

April 27, 2006

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)