In re Melchor

Court of Appeals of Texas

In re Melchor

67 S.W.3d 243, 2000 Tex. App. LEXIS 2636, 2000 WL 424319

Court of Appeals of Texas·Decided April 20, 2000·No. No. 01-00-00254-CV·Published·Cited by 3 cases

Opinion

OPINION

PER CURIAM.

Relator has sought postconviction relief under Tex.Code CRim. P. Ann. art. 11.07 (Vernon Supp.1999-2000). In response to relator’s application for writ of habeas corpus, the trial court signed an order on December 21, 1999 ordering the attorney who represented relator in the criminal proceeding against him to file an affidavit.

In this mandamus proceeding, relator complains that the attorney has not filed such an affidavit and asks this Court to order the attorney to do so. This Court has no mandamus jurisdiction over the attorney. See Tex. Gov’t Code Ann. § 22.221 (Vernon Supp.2000). Accordingly, the petition for writ of mandamus is dismissed.

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OPINION

PER CURIAM.

Relator has sought postconviction relief under Tex.Code CRim. P. Ann. art. 11.07 (Vernon Supp.1999-2000). In response to relator’s application for writ of habeas corpus, the trial court signed an order on December 21, 1999 ordering the attorney who represented relator in the criminal proceeding against him to file an affidavit.

In this mandamus proceeding, relator complains that the attorney has not filed such an affidavit and asks this Court to order the attorney to do so. This Court has no mandamus jurisdiction over the attorney. See Tex. Gov’t Code Ann. § 22.221 (Vernon Supp.2000). Accordingly, the petition for writ of mandamus is dismissed.

In re Melchor, 67 S.W.3d 243, 2000 Tex. App. LEXIS 2636, 2000 WL 424319 (Tex. Ct. App. 2000).

Pincite

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