in Re: Jimmy Chanthavong

• Court: Court of Appeals of Texas
• Decided: May 6, 2002
• Docket: 01-02-00427-CV
• Status: Published

Opinion

Opinion issued May 6, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00427-CV

IN RE JIMMY CHANTHAVONG, Relator

Original Proceeding on Petition for Writ of Mandamus

O P I N I O N

Relator, Jimmy Chanthavong, has filed a petition for writ of mandamus complaining that an unnamed district judge ⁽¹⁾ has failed and refused to forward his application for writ of habeas corpus to the Texas Court of Criminal Appeals, in accordance with Tex. Code Crim. Proc. Ann. art. 11.07. He also complains that Attorney Michael Slider did not obey the trial court's order to respond to his application for article 11.07 relief.

Relator's petition for writ of mandamus is unsworn. See Tex. R. App. P. 52.1. It has not been served on the district judge, Attorney Slider, or any real party in interest. See Tex. R. App. P. 9.5, 52.2. The petition does not contain copies of any documents filed in the trial court. See Tex. R. App. P. 52.3(j)(1). Furthermore, this Court has previously held in In re McAfee, 53 S.W.3d 715 (Tex. App.-Houston [1st Dist.] 2001, orig. proceeding), that it has no authority to issue writs of mandamus in criminal law matters pertaining to proceedings under Tex. Code Crim. Proc. Ann. art. 11.07. Id. at 718.

Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction.

PER CURIAM

Panel consists of Justices Cohen, Jennings, and Radack.

Do not publish. Tex. R. App. P. 47.

1.

He does reference trial court cause no. 839,643-A.