Opinion
13-23-00086-CR
03-02-2023
IN RE HUMBERTO ROSALES CRUZ
Do not publish. TEX. R. APP. P. 47.2 (b).
On Petition for Writ of Mandamus.
Before Justices Benavides, Longoria, and Tijerina
MEMORANDUM OPINION
See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case."); id. R. 47.4 (distinguishing opinions and memorandum opinions).
Relator Humberto Rosales Cruz has filed a pro se petition for writ of mandamus seeking relief against the Hidalgo County District Clerk. The exact nature of relator's complaint is unclear; however, he appears to have questions regarding a petition for writ of habeas corpus pending in the Texas Court of Criminal Appeals. See Ex parte Cruz, No. WR-87,764-03, 2022 WL 14716958, at *1 (Tex. Crim. App. Oct. 26, 2022) (per curiam) (order) (not designated for publication).
In a criminal case, to be entitled to mandamus relief, the relator must establish both that the act sought to be compelled is a ministerial act not involving a discretionary or judicial decision and that there is no adequate remedy at law to redress the alleged harm. See In re Meza, 611 S.W.3d 383, 388 (Tex. Crim. App. 2020) (orig. proceeding); In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam); In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). If the relator fails to meet both requirements, then the petition for writ of mandamus should be denied. State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
Article V, § 6 of the Texas Constitution delineates the appellate jurisdiction of the courts of appeals, and states that the courts of appeals "shall have such other jurisdiction, original and appellate, as may be prescribed by law." TEX. CONST. art. V, § 6(a); see Powell v. Hocker, 516 S.W.3d 488, 491 (Tex. Crim. App. 2017) (orig. proceeding). The main source of original jurisdiction for the courts of appeals is provided by § 22.221 of the Texas Government Code. See TEX. GOV'T CODE ANN. § 22.221; In re Cook, 394 S.W.3d 668, 671 (Tex. App.-Tyler 2012, orig. proceeding). In pertinent part, this section provides that the intermediate appellate courts may issue writs of mandamus against specified judges in our district and "all other writs necessary to enforce the jurisdiction of the court." TEX. GOV'T CODE ANN. § 22.221(a), (b); see In re State ex rel. Best, 616 S.W.3d 594, 599 &n.3 (Tex. Crim. App. 2021) (orig. proceeding).
The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that we lack jurisdiction over this original proceeding. We have no jurisdiction to issue a writ of mandamus against individuals or entities other than those specified in the government code unless it is necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b); see, e.g., In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding) (per curiam) ("We have no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction."). Further, to the extent that relator's contentions may be construed to concern a pending post-conviction habeas proceeding, we similarly lack jurisdiction. See Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117-18 (Tex. Crim. App. 2013) (orig. proceeding) (indicating that the Texas Court of Criminal Appeals has exclusive jurisdiction when an article 11.07 application is pending). Accordingly, we dismiss the petition for writ of mandamus for want of jurisdiction.