In Re: Saul Rubalcava v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 12, 2023
• Docket: 08-23-00141-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN RE: § No. 08-23-00141-CR

SAUL RUBALCAVA, § AN ORIGINAL PROCEEDING

Relator. § IN MANDAMUS

§

MEMORANDUM OPINION

In this original proceeding, Relator Saul Rubalcava filed a petition for writ of mandamus

challenging a jail magistrate’s purported order requiring his presence at a hearing to address

Relator’s claim under TEX. CODE CRIM. PROC. ANN. art. 32.01. This Court does not have

mandamus jurisdiction over the jail magistrate in this proceeding. TEX. GOV’T CODE ANN.

§ 22.221; In re Flores, 08-07-00305-CR, 2007 WL 4214435, at *1 (Tex. App.—El Paso

Nov. 29, 2007) (mem. op., orig. proceeding) (court of appeals lacked jurisdiction to issue a writ

of mandamus against a jail magistrate). 1 The mandamus jurisdiction conferred to this Court under

1 While Texas Government Code 22.221 was amended effective September 1, 2017 (Acts 2017, 85th Leg., Ch. 740 (S.B. 1233), section 1 eff. Sept. 1, 2017; Acts 2017, 85th Leg. Ch. 1013 (H.B. 1480), section 1, eff. Sept. 1, 2017) after our decision in In re Flores, to include statutory county judges, statutory probate county judges, and associate judges of a district or county court appointed by a judge under Chapter 201 of the Family Code, it did not expand its scope to include magistrate judges. Government Code § 21.221 is limited to writs necessary to enforce the jurisdiction of this Court

and further “writs of mandamus, agreeable to the principles of law regulating those writs, against:

(1) a judge of a district, statutory county, statutory probate county, or county court in the court of

appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry

under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate

judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the

court of appeals district for the judge who appointed the associate judge.” TEX. GOV’T CODE ANN.

§§ 22.221(a), (b). Because Relator does not seek relief against a proper party under § 22.221, we

dismiss Relator’s petition for lack of jurisdiction. See id.; In re Flores, 2007 WL 4214435, at *1.

LISA J. SOTO, Justice

May 12, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.

(Do Not Publish)