Ex parte Gilbert Joseph Carrasco (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-22-00267-CR EX PARTE GILBERT JOSEPH CARRASCO ORIGINAL PROCEEDING ON APPLICATION FOR WRIT OF HABEAS CORPUS October 5, 2022 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ. Gilbert Joseph Carrasco, proceeding pro se, filed document or petition through which he seeks a “writ of exoneration.” Therein, he mentions being incarcerated for 12 months, “never” having been “found guilty,” and being “innocent of [the] crime.” To which “crime” he alludes is unmentioned, as is whether he remains incarcerated. Yet, he seeks damages redressing his incarceration, an expunction of records, and a writ of mandamus. To the extent that he is incarcerated and seeks release, we interpret his request as a petition for writ of habeas corpus. As such, we lack jurisdiction to consider it for our authority extends only to civil cases. See TEX. GOV’T CODE ANN. § 22.221(d) (limiting original habeas jurisdiction of intermediate appellate courts to civil cases); Ex parte Hawkins, 885 S.W.2d 586, 588–89 (Tex. App.—El Paso 1994, orig. proceeding) (per curiam). To the extent Carrasco seeks a writ of mandamus, our jurisdiction is again limited. Statute permits us to issue such writs only to enforce our jurisdiction, or only “against” judges. See TEX. GOV’T CODE ANN. § 22.221(a), (b)(1)–(3) (naming the specific judges subject to an appellate court’s mandamus jurisdiction). Carrasco mentions no judge against or judicial act about which he seeks mandamus. Nor does he mention the existence of an appeal before us necessitating mandamus intervention to protect our jurisdiction over it. Thus, his allegations fail to trigger our mandamus jurisdiction. Accordingly, we dismiss Carrasco’s petition for want of jurisdiction. Per Curiam Do not publish. 2

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