in Re Troy Lee Bridges
Opinion
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 30, 2020.
In The
Fourteenth Court of Appeals
NO. 14-20-00053-CR
IN RE TROY LEE BRIDGES, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
344th District Court Chambers County, Texas Trial Court Cause No. 17438
MEMORANDUM OPINION
On January 23, 2020, relator Troy Lee Bridges filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asserts that the Honorable Randy McDonald, presiding judge of the 344th District Court of Chambers County, abused his discretion by constructively amending the indictment, which did not contain enhancement
paragraphs, and assessing relator’s sentence as a habitual offender. Relator asks this court to “issue a writ of mandamus to correct this fundamental error.”
Relator is seeking post-conviction habeas corpus relief. While the courts of appeals have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction to grant relief in a post-conviction habeas corpus proceeding. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); Ater v. Eighth Court of Appeals, 802 S.W.3d 241, 243 (Tex. Crim. App. 1991). Therefore, this court has no jurisdiction over relator’s request for relief.
Accordingly, we dismiss relator’s petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Wise, Jewell, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).
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