in Re Billy Booker

• Court: Court of Appeals of Texas
• Decided: August 4, 2021
• Docket: 10-21-00178-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-21-00178-CR

IN RE BILLY BOOKER

Original Proceeding

From the 413th District Court Johnson County, Texas Trial Court No. F48257

MEMORANDUM OPINION

Relator’s “Plaintiff’s Original Application for Writ of Mandamus” was filed on

July 27, 2021. Relator’s request for mandamus relief against the Honorable William

Bosworth, judge of the 414th District Court, is denied.

Further, we do not have mandamus jurisdiction to compel the district clerk or the

district attorney to take any action except in rare circumstances which are not present

here. See TEXAS GOV'T CODE § 22.221(a), (b); see also In re Simmonds, 271 S.W.3d 874, 879

(Tex. App.—Waco 2008, orig. proceeding). Accordingly, relator’s request for mandamus

relief against the Johnson County District Clerk and District Attorney is dismissed.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Johnson, and Justice Rose 1 Petition denied in part and dismissed in part Opinion delivered and filed August 4, 2021 Do not publish [OT06]

1 The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003. In re Booker Page 2