In re Jimmie Foxworth--Appeal from 217th District Court of Angelina County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00071-CR

In re Jimmie Foxworth

Original Proceeding

MEMORANDUM Opinion

Jimmie Foxworth has filed a motion for show cause order relating to the 217th District Court s alleged refusal to rule on Foxworth s motion for DNA testing.

In 2005, we affirmed Foxworth s judgment of conviction of aggravated sexual assault and sixty-year sentence. Foxworth v. State, No. 10-04-00209-CR (Tex. App. Waco Sept. 21, 2005, pet. ref d) (not designated for publication). That appeal had been transferred to us from the Ninth Court of Appeals. The 217th District Court is in Angelina County, which is now within the jurisdiction of the Twelfth Court of Appeals. Tex. Gov t. Code Ann. 22.201(m) (Vernon Supp. 2007).

The instant show cause proceeding arises from a proceeding filed in Angelina County. The Tenth Court of Appeals does not have jurisdiction of a trial court judge for the Twelfth Judicial District, nor of appeals arising out of proceedings originating in Angelina County. See Tex. Gov t. Code Ann. 22.221(b)(2) (Vernon 2004), 22.201(m). Therefore, we do not have jurisdiction of the motion for show cause order relating to the 217th District Court s alleged refusal to rule on Foxworth s motion for DNA testing, nor is there otherwise appellate jurisdiction for a motion-for-show-cause order (Foxworth expressly states in his show-cause motion that he is not seeking mandamus relief).

This proceeding is dismissed for lack of jurisdiction.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Proceeding dismissed

Opinion delivered and filed March 26, 2008

Do not publish

[OT06]