In Re Carlos Enrique Perez--Appeal from County Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00341-CR _________________ IN RE CARLOS ENRIQUE PEREZ ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION Relator Carlos Enrique Perez filed a petition for a writ of mandamus, in which he asks this Court to direct the Justice of the Peace of Precinct 1, Place 2 in Jefferson County to hold a hearing. Perez asserts that he was arrested on charges of murder and aggravated assault, and that after his bail was set, he filed a request for an examining trial and a writ of habeas corpus seeking bail reduction. This Court s mandamus jurisdiction is governed by the Texas Government Code. Section 22.221(b) expressly limits the mandamus jurisdiction of the courts of appeals to (1) writs necessary to enforce the jurisdiction of the court of appeals and (2) writs against specified district or county court judges within the court of appeals district. Tex. Gov t Code Ann. ยง 22.221(a), (b) (West 2004). We have no jurisdiction to issue a writ of mandamus against a justice of the peace unless necessary to enforce our jurisdiction. See 1 id.; see also Simpson v. Morgan, 779 S.W.2d 509, 510 (Tex. App. Beaumont 1989, orig. proceeding). The requested relief is not necessary to enforce our jurisdiction. Accordingly, we deny the petition for writ of mandamus without reference to the merits. PETITION DENIED. PER CURIAM Opinion Delivered July 13, 2011 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2
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