In Re Ronald Wayne Johnson v. the State of Texas

Court of Appeals of Texas·Decided January 4, 2024·No. 01-23-00716-CR·Published

Opinion

Opinion issued January 4, 2024

In The

Court of Appeals

For The

First District of Texas

of some staff in its prisons. However, it is unclear what relief, if any, Relator seeks from this Court.

To the extent Relator seeks relief through a writ of mandamus, we deny the petition for failure to comply with the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 52.3(a) (identity of parties and counsel), (b) (table of contents), (c) (index of authorities), (d) (statement of the case), (e) (statement of jurisdiction), (f) (issues presented), (g) (statement of facts), (h) (argument), (i) (prayer), (j) (certification), and (k) (appendix); TEX. R. APP. P. 9.5 (service); and TEX. R. APP. P. 52.7(a)(1) (inclusion of sworn record); see also In re Hughes, 607 S.W.3d 136, 138 (Tex. App.—Houston [14th Dist.] 2020, orig. proceeding) (dismissing mandamus without prejudice for failure to comply with Texas Rules of Appellate Procedure).

If instead, Relator seeks relief though a writ of habeas corpus, his writ fails because this Court does not possess original habeas jurisdiction. As such, we lack jurisdiction to consider Relator’s writ. See TEX. CODE CRIM. PROC. ANN. art. 11.05; see also Denby v. State, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding) (“The Courts of Appeals have no original habeas corpus jurisdiction in criminal matters; their jurisdiction is appellate only.”).

Accordingly, we deny Relator’s petitions. Tex. R. App. P. 52.8(a). Any pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Landau and Rivas-Molloy. Do not publish. TEX. R. APP. P. 47.2(b).

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Related

Denby v. State
627 S.W.2d 435 (Court of Appeals of Texas, 1981)