in Re Rebecca Longwell

• Court: Court of Appeals of Texas
• Decided: May 14, 2009
• Docket: 14-09-00416-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 14, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 14, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00416-CR

IN RE REBECCA LONGWELL, 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 5, 2009, relator, Rebecca Longwell, 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. 52.1.  In her petition, relator requests that we compel the respondent, the Sheriff of Fort Bend County, to discharge her for good conduct time credit in accordance with her plea agreement on her conviction for fraudulent use of identifying information. 

A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals= district and all writs necessary to enforce its jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(b).  The respondent is not a district or county court judge.  Moreover, relator has not shown that the exercise of our mandamus authority against the respondent is necessary to enforce our jurisdiction because only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).  Therefore, we have no authority to issue a writ of mandamus against the Sheriff of Fort Bend County.

Accordingly, relator=s petition for writ of mandamus is ordered dismissed for lack of jurisdiction.

PER CURIAM

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

Do Not PublishCTex. R. App. P. 47.2(b).