In Re Michael J. Corbello Appeal from 128th District Court of Orange County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00398-CR ____________________ IN RE MICHAEL J. CORBELLO _______________________________________________________ ______________ Original Proceeding 128th District Court of Orange County, Texas Trial Cause No. A130634-R ________________________________________________________ _____________ MEMORANDUM OPINION Michael J. Corbello filed a petition for mandamus seeking to set aside his felony conviction and to require the prosecutor and lawyer who represented him in his criminal trial to turn over their files. The Texas Court of Criminal Appeals maintains exclusive state court jurisdiction over post-conviction felony proceedings. 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). Corbello is not entitled to have this Court act on his request seeking to overturn his conviction. Furthermore, we have no authority to issue a writ of 1 mandamus against a prosecutor or a defense attorney except to protect our jurisdiction. See In re Pennington, No. 09-08-370-CV, 2008 WL 4425521, at *1 (Tex. App.—Beaumont Oct. 2, 2008, orig. proceeding) (mem. op.); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). Corbello has not shown that a writ of mandamus is necessary to protect this Court’s jurisdiction. See Tex. Gov’t Code Ann. § 22.221(a) (West 2004). Accordingly, we dismiss the petition for lack of jurisdiction. PETITION DISMISSED. PER CURIAM Submitted on October 31, 2017 Opinion Delivered November 1, 2017 Do Not Publish Before Kreger, Horton and Johnson, JJ. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.