Opinion
13-22-00426-CR
09-27-2022
IN RE MICKEY WAYNE BOSWELL
Do not publish. Tex.R.App.P. 47.2(b).
On Petition for Writ of Mandamus.
Before Justices Longoria, Hinojosa, and Silva
See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.4 (distinguishing opinions and memorandum opinions).
MEMORANDUM OPINION
CLARISSA SILVA JUSTICE
Relator Mickey Wayne Boswell, proceeding pro se, filed a motion for leave to file a petition for writ of mandamus regarding a miscarriage of justice in the foregoing cause; however, relator did not file the petition for writ of mandamus itself. A motion for leave is required to file original proceedings in the Texas Court of Criminal Appeals. See Tex. R. App. P. 72.1. However, a motion for leave is not required to file original proceedings in the intermediate appellate courts. See Tex. R. App. P. 52 & cmt.; In re Fields, 619 S.W.3d 394, 394 (Tex. App.-Waco 2021, orig. proceeding) (per curiam); see also In re Castilla, No. 13-22-00320-CR, 2022 WL 2865872, at *2 (Tex. App.-Corpus Christi-Edinburg July 21, 2022, orig. proceeding) (mem. op., not designated for publication); In re Ramos, No. 04-20-00466-CR, 2020 WL 6151001, at *1 (Tex. App.-San Antonio Oct. 21, 2020, orig. proceeding) (per curiam) (mem. op., not designated for publication). Accordingly, we dismiss relator's motion and all relief sought in this cause as moot. Our dismissal is without prejudice to the filing of a future petition for writ of mandamus, if any is forthcoming.