Opinion
14-22-00269-CR
07-14-2022
IN RE BRETT DAVID BOGUS, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
On Appeal from the 176th District Court Harris County, Texas Trial Court Cause No. 1433472-A
Panel consists of Justices Wise, Bourliot and Spain.
MEMORANDUM OPINION
PER CURIAM.
On April 13, 2022, relator Brett David Bogus 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 claims on August 28, 2015, the 176th District Court entered an unauthorized, illegal sentence of confinement for twenty years in trial court cause number 1399452. See Bogus v. State, No. 14-15-00832-CR, 2017 WL 1366674, at *1 (Tex. App.-Houston [14th Dist.] Apr. 13, 2017, pet. ref'd) (mem. op.) (not designated for publication).
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). Relator's complaints relate to matters that were presented or should have been presented in his application for a writ of habeas corpus to the Texas Court of Criminal Appeals pursuant to article 11.07 of the Texas Code of Criminal Procedure.
See In re Bogus, No. WR-90,434-03, 2021 WL 115556, at *1 (Tex. Crim. App. Jan. 13, 2021); Ex parte Bogus, No. WR-90,434-01, 2019 WL 6139093, at *1 (Tex. Crim. App. Nov. 20, 2019).
To the extent that habeas corpus relief is available, relator must seek that relief in the Court of Criminal Appeals. We dismiss relator's petition for want of jurisdiction.
See In re Bogus, No. 14-20-00728-CR, 2020 WL 6494973, at *1 (Tex. App.-Houston [14th Dist.] Nov. 5, 2020) (orig. proceeding); In re Bogus, No. 14-20-00480-CR, 2020 WL 4461310, at *1 (Tex. App.-Houston [14th Dist.] Aug. 4, 2020, no pet.); In re Bogus, No. 14-20-00196-CR, 2020 WL 1469562, at *1 (Tex. App.-Houston [14th Dist.] Mar. 26, 2020, no pet.); In re Bogus, No. 14-19-01007-CR, 2020 WL 372893, at *1 (Tex. App.-Houston [14th Dist.] Jan. 23, 2020, no pet.); In re Bogus, No. 14-19-00778-CR, 2019 WL 5559915, at *1 (Tex. App.-Houston [14th Dist.] Oct. 29, 2019, no pet.); In re Bogus, No. 14-18-00808-CR, 2018 WL 4495074, at *1 (Tex. App.-Houston [14th Dist.] Sept. 20, 2018, no pet.).
Because we are dismissing for lack of jurisdiction, we do not address any procedural deficiencies with the mandamus petition or record.