in Re Tyrer J Pearson

• Court: Court of Appeals of Texas
• Decided: December 23, 2008
• Docket: 10-08-00434-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-08-00434-CR

IN RE TYRER J. PEARSON

Original Proceeding

MEMORANDUM OPINION

Relator seeks a writ of mandamus against the District Clerk and District Attorney

of Ellis County relating to their alleged failure to issue a bench warrant on Relator’s

motion. The petition for writ of mandamus lacks proof of service. See TEX. R. APP. P. 9.5

(a), (d). We use Rule 2 to suspend the service requirement of Rule 9.5 and proceed to

the merits of the mandamus. TEX. R. APP. P. 2, 9.5.

A court of appeals has no jurisdiction to issue a writ of mandamus against a

district clerk or district attorney except to protect its jurisdiction. See TEX. GOV’T CODE

ANN. § 22.221(a) (Vernon 2004); In re Bernard, 993 S.W.2d 453, 454 (Tex. App.—Houston

[1st Dist.] 1999, orig. proceeding). Relator’s petition does not allege facts that require us to protect our jurisdiction, so we do not have jurisdiction to decide his request for

mandamus relief against the District Clerk or District Attorney.

We dismiss the petition for want of jurisdiction.

BILL VANCE Justice

Before Chief Justice Gray, Justice Vance, and Justice Reyna Petition dismissed Opinion delivered and filed December 23, 2008 Do not publish [CR25]

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