Ahmad Rasheed v. State

• Court: Court of Appeals of Texas
• Decided: December 29, 2008
• Docket: 13-07-00457-CR
• Status: Published

Opinion

NUMBER 13-08-00727-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

IN RE JUAN ANGEL GUERRA, DISTRICT AND COUNTY ATTORNEY FOR WILLACY COUNTY, STATE OF TEXAS ____________________________________________________________

On Motion for Stay of Execution of Order of the 197th District Court ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam

Juan Angel Guerra, District and County Attorney for Willacy County, State of Texas,

has filed a motion for stay of execution of order of the 197th District Court. In the motion,

Guerra requests that this Court stay an order signed on December 10, 2008, by the

Honorable J. Manuel Bañales. Guerra asserts that this stay should “last until this Court of

[A]ppeals reviews the petition for original proceedings in this court, requesting injunctive

and mandamus relief.” As an initial matter, we note that Guerra has not filed an original proceeding

stemming from the disputed order. An original proceeding must be commenced before an

appellate court can grant temporary relief under Texas Rule of Appellate Procedure 52.10.

In re Ramirez, 133 S.W.3d 664, 664-665 (Tex. App.–Corpus Christi 2003, orig.

proceeding); In re Kelleher, 999 S.W.2d 51, 52 (Tex. App.–Amarillo 1999, orig.

proceeding); see TEX . R. APP. P. 52.1, 52.10. Until an appropriate petition is filed, there

is no dispute before this Court. See In re Kelleher, 999 S.W.2d at 52.

Because Guerra has not filed a petition for writ of mandamus, we conclude we have

no jurisdiction to consider the emergency motion. Accordingly, this matter is DISMISSED

FOR WANT OF JURISDICTION without prejudice to Guerra’s right to reassert the motion

after commencing a proceeding pursuant to Texas Rule of Appellate Procedure 52.1.

PER CURIAM

Memorandum Opinion delivered and filed this 29th day of December, 2008.