Opinion
No. 09-05-367 CV
Opinion Delivered August 25, 2005.
Original Proceeding.
Writ Denied.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
Ivy Del Rino Nesbitt filed a "Petition for Writ of Injunction." Relator seeks to enjoin the execution of his sentence in Cause No. 89391, and asks this Court to order that he remain in the county jail while his conviction is on appeal. Nesbitt received a 50 year sentence in Cause No. 89391. An active appeal of that cause has been docketed as Appeal No. 09-05-149 CR. After Nesbitt's appellate counsel filed an Anders brief, the Court granted Nesbitt an extension of time to file a pro se brief. Relator suggests the county's superior jail library facilities will facilitate the research for his pro se brief.
We may issue a writ to protect our jurisdiction. Tex. Gov't Code Ann. § 22.221 (Vernon 2004). A defendant convicted of a felony and sentenced to more than ten years of penitentiary confinement is subject to transfer to the Institutional Division while his case is on appeal. Tex. Code Crim. Proc. Ann. art. 42.09 (Vernon Supp. 2005). The transfer of the relator to the state penitentiary does not affect our jurisdiction of the appeal. Furthermore, Nesbitt has not demonstrated the inadequacy of the research facilities available to him while incarcerated. Because relator has not established his right to extraordinary relief, the petition for writ of injunction is denied.