in Re: Jason Clarkson

• Court: Court of Appeals of Texas
• Decided: September 22, 2005
• Docket: 08-05-00299-CR
• Status: Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: JASON CLARKSON,                                Relator.	§	No. 08-05-00299-CR AN ORIGINAL PROCEEDING OF WRIT OF PROHIBITION

OPINION ON PETITION FOR WRIT OF PROHIBITION

           This is an original proceeding for a writ of prohibition. Relator, Jason Clarkson, requests a writ of prohibition to prohibit the Honorable Robert Anchondo, Judge of County Criminal Court at Law No. 2, in El Paso County, Texas, from rescinding his original order recusing himself from hearing the underlying cause.

STANDARD OF REVIEW

           Regarding a writ of prohibition, section 22.221(a) of the Government Code sets the limits of our jurisdiction to issue writs. See Tex. Gov’t Code Ann. § 22.221(a) (Vernon 2004). That statute provides, “Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.” Id. Under section 22.221(a) our authority to issue a writ of prohibition “is limited to cases in which this Court has actual jurisdiction of a pending proceeding.” Faherty v. Knize, 764 S.W.2d 922, 923 (Tex. App.--Waco 1989, orig. proceeding).

APPLICATION OF THE LAW TO THE FACTS BEFORE THE COURT

           Regarding the petition for writ of prohibition, we have no pending proceeding before us for which the issuance of a writ of prohibition would be necessary to enforce our jurisdiction. Accordingly, we do not have jurisdiction to issue the requested writ. Relator’s petition for writ of prohibition is denied.

                                                                             PER CURIAM

September 22, 2005

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)