No. 08-05-00299-CR
September 22, 2005. DO NOT PUBLISH.
An Original Proceeding of Writ of Prohibition.
Before Barajas, C.J., McClure, and Chew, JJ.
OPINION ON PETITION FOR WRIT OF PROHIBITION
PER CURIAM.
This is an original proceeding for a writ of prohibition. Relator, Jason Clarkson, requests a writ of prohibition to prohibit the Honorable Robert Anchondo, Judge of County Criminal Court at Law No. 2, in El Paso County, Texas, from rescinding his original order recusing himself from hearing the underlying cause.
STANDARD OF REVIEW
Regarding a writ of prohibition, section 22.221(a) of the Government Code sets the limits of our jurisdiction to issue writs. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 2004). That statute provides, "Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court." Id. Under section 22.221(a) our authority to issue a writ of prohibition "is limited to cases in which this Court has actual jurisdiction of a pending proceeding." Faherty v. Knize, 764 S.W.2d 922, 923 (Tex.App.-Waco 1989, orig. proceeding). APPLICATION OF THE LAW TO THE FACTS BEFORE THE COURT
Regarding the petition for writ of prohibition, we have no pending proceeding before us for which the issuance of a writ of prohibition would be necessary to enforce our jurisdiction. Accordingly, we do not have jurisdiction to issue the requested writ. Relator's petition for writ of prohibition is denied.