No. 01-07-00946-CR
Opinion issued December 17, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus/Petition for Writ of Habeas Corpus.
Panel consists of Justices NUCHIA, JENNINGS, and KEYES.
PER CURIAM.
MEMORANDUM OPINION
Pre-trial, pro se relator, Israel G. Romero, requests that this Court, by "mandamus" relief, remove the trial judge in whose court the State has filed an indictment, accusing relator of the offense of aggravated assault with a deadly weapon. Additionally, relator asserts that the trial court is illegally confining him, and it appears that he is requesting that this Court discharge him from confinement. There are three prerequisites for the issuance of a writ of mandamus by an appellate court, namely: (1) the lower court must have a legal duty to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding). Relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. We deny mandamus relief. To the extent that relator might be requesting habeas corpus relief, we note that this Court does not have jurisdiction to grant habeas corpus relief in a criminal case. See TEX. CODE CRIM. PROC. ANN. Art. 11.05 (Vernon 2005) (authorizing the Court of Criminal Appeals, the District Courts, the County Courts and the Judge of said courts, but not the Courts of Appeals or any of their Justices to issue writs of habeas corpus); 4.03 (authorizing the Courts of Appeals to exercise appellate jurisdiction in criminal cases, but not original habeas corpus relief).