in Re Bennie Ray Johnson

• Court: Court of Appeals of Texas
• Decided: August 21, 2019
• Docket: 09-19-00249-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-19-00249-CR __________________

IN RE BENNIE RAY JOHNSON

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Original Proceeding 221st District Court of Montgomery County, Texas Trial Cause No. 19-07-09863-CR __________________________________________________________________

MEMORANDUM OPINION

In an original petition for a writ of mandamus, Bennie Ray Johnson complains

that he has been held in jail on a charge of burglary of a habitation following a

probable cause hearing based upon the arresting officer’s police report and not upon

a complaint signed by the victim of the burglary. Johnson failed to provide any

supporting documentation with his mandamus petition. Additionally, “[i]t is well

settled that an information may be predicated upon a complaint or affidavit made

1 upon information and belief.” Catchings v. State, 285 S.W.2d 233, 344 (Tex. Crim.

App. 1955).

Release from confinement in a criminal case is obtained through habeas

corpus, over which this Court lacks original jurisdiction. See Tex. Code. Crim. Proc.

Ann. arts. 11.01, 11.05 (West 2015). Furthermore, to the extent his petition seeks

relief against the Montgomery County District Attorney’s Office and the

Montgomery County Sheriff’s Office, or the officials holding those offices, we lack

mandamus jurisdiction. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2018). To

the extent that he seeks mandamus relief against the Judge of the 221st District Court

of Montgomery County, Johnson has failed to show that he is entitled to the relief

sought. See Tex. R. App. P. 52.7(a)(1) (relator must file with petition “a certified or

sworn copy of every document that is material to the relator’s claim for relief and

that was filed in any underlying proceeding[]”). Accordingly, we deny the petition

for a writ of mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on August 20, 2019 Opinion Delivered August 21, 2019 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ. 2