in Re William F. Kent

• Court: Court of Appeals of Texas
• Decided: April 22, 2010
• Docket: 14-10-00326-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed April 22, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00326-CR

IN RE WILLIAM F. KENT, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM OPINION

            On April 2, 2010, Relator, William F. Kent, 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 asked this court to compel the Harris County District Attorney to release the results of DNA testing purportedly performed in cause numbers 601019 and 577703.

            This Court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals’ jurisdiction.  Tex. Gov’t Code Ann. § 22.221 (Vernon 2004).  Because the petition for writ of mandamus is directed toward the Harris County District Attorney and is not necessary to enforce this court’s jurisdiction, we have no jurisdiction.  See Tex. Gov’t Code Ann. § 22.221(b)(1).

            Accordingly, the petition for writ of mandamus is ordered dismissed.

                                                            PER CURIAM

Panel consists of Justices Anderson, Frost, and Seymore.

Do Not Publish — Tex. R. App. P. 47.2(b).