In Re: Eddie Cabello--Appeal from 3rd District Court of Anderson County

NO. 12-04-00105-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

IN RE: EDDIE CABELLO,

 
ORIGINAL PROCEEDING

REL.ATOR

 
MEMORANDUM OPINION

Relator seeks a writ of mandamus requiring the Anderson County District Clerk to transmit to this Court his pretrial application for writ of habeas corpus related to pending felony criminal charges pending against him in Anderson County. He further seeks a writ of prohibition against the judge of the Third Judicial District Court in Anderson County enjoining him from proceeding to trial on the merits until this Court disposes of Relator's pretrial writ application. We deny the writs.

Each court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court. Tex. Gov't Code Ann. 22.221(a)(Vernon Supp. 2003). A court of appeals may issue writs of mandamus against a judge of a district or county court in the court of appeals district or a judge of a district court who is acting as a magistrate at a court of inquiry. Tex. Gov't Code Ann. 22.221(b) (Vernon Supp. 2004). However, a court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk. See id.; In re Bernard, 993 S.W.2d 453, 454 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding).

Furthermore, we have no original jurisdiction to grant a writ of habeas corpus in a criminal proceeding. See Tex. Gov't Code Ann. 22.221(d) (Vernon Supp. 2004). Therefore, Relator has not shown that he is entitled to relief against the trial judge. Accordingly, Relator's petition for writ of mandamus and writ of prohibition is denied.

DIANE DEVASTO

Justice

Opinion delivered April 14, 2004.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

 
(PUBLISH)