in Re Shane Cain

• Court: Court of Appeals of Texas
• Decided: March 29, 2000
• Docket: 04-00-00148-CV
• Status: Published

Opinion

00-00148 In re Cain.wpd No. 04-00-00148-CV In re SHANE CAIN From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 91-0984-CR Honorable Dwight E. Peshel, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: March 29, 2000

DISMISSED FOR LACK OF JURISDICTION

Relator, Shane Cain, has submitted a petition for writ of mandamus to compel the Texas Board of Pardons and Paroles to take certain actions. We dismiss the petition lack of jurisdiction.

This court's authority to issue original writs of mandamus is limited. The court may execute such extraordinary relief only when necessary to enforce its jurisdiction or to correct acts of a district judge, county court judge, or district judge acting as a magistrate at a court of inquiry. Tex. Gov't. Code Ann. § 22.221(a) & (b) (Vernon Supp. 2000). This mandamus proceeding is not one to enforce our jurisdiction, no appellate jurisdiction having been invoked, nor is it directed against a

district or county judge. Accordingly, we dismiss the petition for writ of mandamus because we lack the jurisdiction to consider it.

DO NOT PUBLISH