In Re Harold Moten v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 12, 2023
• Docket: 09-23-00063-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00063-CR __________________

IN RE HAROLD MOTEN

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Original Proceeding Jefferson County, Texas Trial Cause No. 39003 __________________________________________________________________

MEMORANDUM OPINION

Harold Moten filed a petition for a writ of mandamus. On March 1, 2023, we

notified Moten that his mandamus petition failed to comply with the applicable rules,

and we warned him that his petition would be dismissed unless he amended his

petition to include the required information that he had omitted from his mandamus

petition. Moten filed an amended petition but failed to correct the defects in his

petition. Critically, Moten claims he is in the custody of the Jefferson County Sheriff,

but he failed to identify the name of the trial court judge in his mandamus petition.

See Tex. R. App. P. 52.2, 52.3(d)(2). Moten failed to adequately identify the real

1 party in interest. See Tex. R. App. P. 52.2, 52.3(a). Moten failed to file a certificate

of service that showed he mailed a copy of the mandamus petition to the respondent

and the real party in interest. See Tex. R. App. P. 9.5(a), (d). Due to these and

additional uncured defects, this Court cannot determine whether Moten seeks relief

against a party over whom this Court may exercise mandamus jurisdiction. See Tex.

Gov’t Code Ann. § 22.221. Accordingly, we dismiss the petition for a writ of

mandamus.

PETITION DISMISSED.

PER CURIAM

Submitted on April 11, 2023 Opinion Delivered April 12, 2023 Do Not Publish

Before Horton, Johnson and Wright, JJ.