in Re Brett David Bogus

• Court: Court of Appeals of Texas
• Decided: October 29, 2019
• Docket: 14-19-00778-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 29, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00778-CR

IN RE BRETT DAVID BOGUS, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 176th District Court Harris County, Texas Trial Court Cause No. 1433472

MEMORANDUM OPINION

On October 7, 2019, relator Brett David Bogus filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Harris County District Clerk to transmit a copy of his application for a writ of habeas corpus to the Texas Court of Criminal Appeals pursuant to article 11.07, section 3 of the Texas Code of Criminal Procedure. We have no jurisdiction to grant the relief requested by relator with respect to a pending article 11.07 writ. See Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117–18 (Tex. Crim. App. 2013) (indicating that the Texas Court of Criminal Appeals has exclusive jurisdiction when an article 11.07 application is pending). We have no authority to issue writs of mandamus in criminal law matters pertaining to proceedings under article 11.07. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Should an applicant find it necessary to complain about the processing of an article 11.07 application for writ of habeas corpus, the applicant may seek mandamus relief from the Court of Criminal Appeals. See Benson v. Dist. Clerk, 331 S.W.3d 431 (Tex. Crim. App. 2011).

Further, this court does not have mandamus jurisdiction over district clerks unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. See Tex. Gov’t Code Ann. § 22.221(a), (b) (Supp.); In re Smith, 263 S.W.3d 93, 95 (Tex. App.–Houston [1st Dist.] 2006, orig. proceeding).

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

Do Not Publish — Tex. R. App. P. 47.2(b).