Opinion
14-22-00178-CR
03-22-2022
IN RE DEANDRE DYNELL DEBOEST, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF PROHIBITION 262nd District Court Harris County, Texas Trial Court Cause No. 1737576
Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.
MEMORANDUM OPINION
PER CURIAM
On March 14, 2022, relator Deandre Dynell Deboest filed a petition for writ of prohibition 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 prohibit the Honorable Lori Chambers Gray, presiding judge of the 262nd District Court of Harris County, "from forcing me to be represented by unwanted counsel, when in fact, I never asked for counsel to be appointment for me."
"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." Tex. Gov't Code Ann. § 22.221(a). Generally, a writ of prohibition issues to prevent the commission of a future act rather than to compel the trial court to undo some act already performed. State ex rel. Wade v. Mays, 689 S.W.2d 893, 897 (Tex. Crim. App. 1985). Although we may issue writs of prohibition to protect and enforce our jurisdiction, courts of appeals do not have general power to issue writs of prohibition. In re Yates, 193 S.W.3d 151, 152 (Tex. App .-Houston [1st Dist.] 2006, orig. proceeding). A court of appeals does not have jurisdiction, absent "actual jurisdiction of a pending proceeding" to issue a writ of prohibition. In re Nguyen, 155 S.W.3d 191, 194 (Tex. App.-Tyler 2003, orig. proceeding); see Yates, 193 S.W.3d at 152. Because we do not have actual jurisdiction at the present over the felony retaliation charge which has yet to be tried, our jurisdiction is limited to mandamus authority. See Nguyen, 155 S.W.3d at 194.
Accordingly, relator's petition for writ of prohibition is dismissed for lack of jurisdiction.