Opinion
No. 09-04-029 CV.
Opinion Delivered January 22, 2004.
Original Proceeding.
WRIT DENIED.
Attorney(s) for Relator: James Ismael Tibbs, Pro Se, Dalhart.
Attorney(s) for State: Tom Maness, Criminal Dist. Atty., and Rodney D. Conerly, Asst. Criminal Dist. Atty., Beaumont.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
On January 20, 2004, James Ishmael Tibbs filed a petition for writ of mandamus. See TEX. R. APP. P. 52. The Honorable Judge Larry Gist, Jefferson County District Attorney Tom Maness, and Texas Department of Criminal Justice, Correctional Institutions Division Director Doug Dretke are identified as respondents, but the body of the petition does not mention them. Tibbs complains that he was arrested without warrant by Oklahoma officials in 1992. He appears to be arguing that an unconstitutional procedure in securing his waiver of extradition to Texas rendered his subsequent conviction void. He asks the appellate court to void his judgment, conviction, and sentence.
We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that the relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Tibbs has not demonstrated that he is entitled to the relief sought. The petition for writ of mandamus is denied.