in Re: Leopoldo Salinas

• Court: Court of Appeals of Texas
• Decided: May 26, 2005
• Docket: 14-05-00459-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 26, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 26, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00459-CV

IN RE LEOPOLDO SALINAS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On May 12, 2005, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator sought to have this court compel his court-appointed attorney to forward a copy of the State=s brief in the appeal of his criminal conviction.^[1] 

We lack power to issue a writ of mandamus against an attorney.  Section 22.221 of the Texas Government Code gives us power to issue writs of mandamus(1) against a judge of a district or county court in our court of appeals district, or (2) to enforce the jurisdiction of our court.  Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004).  Relator does not seek either type of relief.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed May 26, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Frost.

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^[1]   On April 26, 2005, this court affirmed appellant=s conviction.  See Salinas v. State, No. 14-04-01208-CR, (Tex. App.CHouston [14th Dist.] April 26, 2005, pet. filed).  On May 11, 2005, appellant=s court-appointed counsel filed a petition for discretionary review by the Court of Criminal Appeals.