in Re Ronald Clifton Word

• Court: Court of Appeals of Texas
• Decided: June 2, 2009
• Docket: 14-09-00466-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 2, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed June 2, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00466-CR

IN RE RONALD CLIFTON WORD, 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 19, 2009, relator, Ronald Clifton Word, 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 his petition, relator states he filed an application for writ of habeas corpus with the 178th District Court, seeking to remove a void conviction from his record.  Relator complains that the respondent, Loren Jackson, Harris County District Clerk, instead of filing his application, sent him a post-conviction form, which he asserts is inapplicable to the Aadjudication of served convictions.@  Relator requests that we compel Jackson to file and submit his application to the judge of the 178th District Court. 

A court of appeals has the authority to issue writ 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).  For a district clerk to come within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  In re Coronado, 980 S.W.2d 691, 692B93 (Tex. App.CSan Antonio 1998, orig. proceeding). 

Relator seeks post-conviction habeas relief.  Although courts of appeals have jurisdiction in criminal matters, 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).  This includes assertions of void convictions.  See id. (holding court of appeals abused its discretion by granting mandamus relief on relator=s assertion of void judgment)

Relator has not shown that the exercise of our mandamus authority against Jackson is necessary to enforce our jurisdiction.  Therefore, we have no authority to issue a writ of mandamus against Jackson. 

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).