Opinion
No. 06-19-00115-CR
06-24-2019
IN RE RAYMOND GILBERT
Original Mandamus Proceeding Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION
Raymond Gilbert has filed a petition for writ of mandamus asking this Court to order the Honorable R. Scott McKee, sitting as the 392nd Judicial District Court of Henderson County, to rule on a motion to preserve evidence and a motion for new trial Gilbert filed in that court.
Section 22.221 of the Texas Government Code provides that "[e]ach court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against: . . . (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district." See TEX. GOV'T CODE ANN. § 22.221(b)(1) (Supp.). The 392nd Judicial District Court of Henderson County is not located within our district. TEX. GOV'T CODE ANN. § 22.201(g) (Supp.). It is located within the district of the Tyler Court of Appeals. See TEX. GOV'T CODE ANN. § 22.201(m) (Supp.). Although Gilbert's underlying criminal appeal was transferred to this Court pursuant to the Texas Supreme Court's docket equalization order, such transfer does not confer jurisdiction on this Court in a separate original proceeding. See In re Davis, 87 S.W.3d 794, 795 (Tex. App.— Texarkana 2002, orig. proceeding).
The Texas Supreme Court order directing the transfer of cases under the docket equalization process explicitly excludes any transfer of original proceedings. See Misc. Docket No. 19-9022, Transfer of Cases from Courts of Appeals (Mar. 26, 2019).
We, therefore, dismiss the petition for writ of mandamus for want of jurisdiction.
Ralph K. Burgess
Justice Date Submitted: June 21, 2019
Date Decided: June 24, 2019 Do Not Publish