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In re Whitfield

Court of Appeals of Texas, Fourteenth District, Houston
Apr 30, 2009
No. 14-09-00347-CR (Tex. App. Apr. 30, 2009)

Opinion

No. 14-09-00347-CR

Opinion filed April 30, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

Original Proceeding. Writ of Mandamus.

Panel consists of Chief Justice HEDGES and Justices YATES and FROST.


MEMORANDUM OPINION


On April 16, 2009, relator, Ronald Dwayne Whitfield, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann `22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. In his petition, relator requests that we compel the respondents, Brad Livingston, Executive Director, Texas Department of Criminal Justice, and Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Institutional Division, to calculate his good conduct time credits in accordance with Texas law. A court of appeals has the authority to issue writs of mandamus against a judge of a district or county court in the court of appeals' district and all writs necessary to enforce its jurisdiction. Tex. Gov't Code Ann. § 22.221(b). Neither of the respondents is a district or county court judge. Moreover, relator has not shown that the exercise of our mandamus authority against the respondents is necessary to enforce our jurisdiction because only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding). Therefore, we have no authority to issue a writ of mandamus against the respondents. Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.


Summaries of

In re Whitfield

Court of Appeals of Texas, Fourteenth District, Houston
Apr 30, 2009
No. 14-09-00347-CR (Tex. App. Apr. 30, 2009)
Case details for

In re Whitfield

Case Details

Full title:IN RE RONALD DEWAYNE WHITFIELD, Relator

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

Date published: Apr 30, 2009

Citations

No. 14-09-00347-CR (Tex. App. Apr. 30, 2009)