in Re Roy E. Addicks, Jr.

• Court: Court of Appeals of Texas
• Decided: February 12, 2009
• Docket: 14-09-00127-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed February 12, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed February 12, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00127-CR

NO. 14-09-00128-CR

IN RE ROY E. ADDICKS, JR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On February 4, 2009, relator, Roy E. Addicks, Jr., 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 the petition, relator complains that the respondent, Georgetta Mattox, Court Reporter of the 183rd District Court of Harris County, refuses to prepare and send relator a copy of the record of the trial on his underlying convictions for aggravated sexual assault of a child, for the purpose of filing an application for a post-conviction writ of habeas corpus. 

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 the court of appeals= jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(b).  The respondent, Georgetta Mattox, is neither a district nor 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 respondent. 

Because we do not have jurisdiction, the petition for writ of mandamus is ordered dismissed. 

PER CURIAM

Panel consists of Justices Frost, Brown, and Boyce. 

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