in Re Calvin Vernon

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00231-CR

In re Calvin Vernon

Original Proceeding

MEMORANDUM  Opinion

            Calvin Vernon filed a petition for writ of mandamus complaining about his 1991 conviction for attempted murder.  Vernon has not provided a proper proof of service, a certified or sworn copy of every document that is material to his claim for relief, or a proper verification in support of his allegations.  See Tex. R. App. P. 9.5, 52.3, 52.7.  However, we suspend the requirements of these rules.  Tex. R. App. P. 2. 

            Even if the petition was properly verified and served with sworn copies of all the documents material to the claim, we would nevertheless be compelled to deny the petition for mandamus.  The merits of his complaint, if cognizable at all, are for an article 11.07 writ of habeas corpus in the Court of Criminal Appeals, which he asserts he has already attempted but did not obtain relief.  See Tex. Code Crim. Proc. Ann. art 11.07 (Vernon Supp. 2007).

            Vernon’s petition for writ of mandamus is denied. 

            Vernon’s motion for leave to file the petition for writ of mandamus is dismissed as moot.  The petition was filed on July 3, 2008.  The Rules of Appellate Procedure were amended in 1997 to eliminate the need for a motion for leave to file the petition.  See Tex. R. App. P. 52, Notes and Comments.

            Vernon’s motion to proceed without the advance payment of cost is also dismissed as moot.  As a criminal proceeding, no filing fees are charged.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Petition denied

Motions dismissed

Opinion delivered and filed July 16, 2008

Do not publish

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