Opinion
NO. 14-20-00663-CR
10-06-2020
IN RE DOMINGO AMARO-SOLIS, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
339th District Court Harris County, Texas
Trial Court Cause No. 14771624-A
MEMORANDUM OPINION
On September 25, 2020, relator Domingo Amaro-Solis 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 asks this court to compel Marilyn Burgess, Harris County District Clerk, to transmit relator's application for a writ of habeas corpus and all associated documents to the Court of Criminal Appeals.
We have no jurisdiction to grant the relief that relator has requested with respect to his article 11.07 application for writ of habeas corpus. See Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117-18 (Tex. Crim. App. 2013) (indicating that the Texas Court of Criminal Appeals has exclusive jurisdiction when an article 11.07 application is pending). We have no authority to issue writs of mandamus in criminal law matters pertaining to proceedings under article 11.07. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Should an applicant find it necessary to complain about the processing of application for writ of habeas corpus under article 11.07 of the Code of Criminal Procedure, the applicant may seek mandamus relief from the Court of Criminal Appeals. See Benson v. Dist. Clerk, 331 S.W.3d 431 (Tex. Crim. App. 2011); In re McAfee, 53 S.W.3d at 718.
Further, this court does not have mandamus jurisdiction over district clerks unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b); In re Smith, 263 S.W.3d 93, 95 (Tex. App.-Houston [1st Dist.] 2006, orig. proceeding). Relator has not shown that the issuance of a writ against the district clerk, Marilyn Burgess, is necessary to enforce this court's jurisdiction.
For these reasons, we dismiss relator's petition for lack of jurisdiction.
PER CURIAM Panel consists of Justices Christopher, Jewell, and Zimmerer.
Do Not Publish — Tex. R. App. P. 47.2(b).