In re Melchor

Full title: IN RE OSCAR ARTURO MELCHOR, Relator

Court: Court of Appeals of Texas, First District, Houston

Date published: Apr 20, 2000

67 S.W.3d 243 (Tex. App. 2000)

Opinion

No. 01-00-00254-CV

Opinion issued April 20, 2000

Original Proceeding on Petition for Writ of Mandamus

Oscar Arturo Melchor, Lovelady, for Relator.

Frumencio Reyes, Houston, for Real Party in Interest.

Panel consists of Justices O'CONNOR, NUCHIA, and DUGGAN.¹

1 The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.

OPINION

PER CURIAM

Relator has sought postconviction relief under TEX. CODE CRIM. P. ANN. art. 11.07 (Vernon Supp. 1999-2000). In response to relator's application for writ of habeas corpus, the trial court signed an order on December 21, 1999 ordering the attorney who represented relator in the criminal proceeding against him to file an affidavit.

In this mandamus proceeding, relator complains that the attorney has not filed such an affidavit and asks this Court to order the attorney to do so. This Court has no mandamus jurisdiction over the attorney. See TEX. GOV'T CODE ANN. § 22.221 (Vernon Supp. 2000). Accordingly, the petition for writ of mandamus is dismissed.