Opinion
No. 05-07-00878-CV
Opinion issued July 30, 2007.
Original Proceeding from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause No. F02-53331-NL.
Before Justices MORRIS, RICHTER, and MAZZANT.
MEMORANDUM OPINION
Relator filed a petition for writ of mandamus seeking an order directing the Dallas County District Clerk to transmit the record of appellant's post-conviction writ of habeas corpus proceedings to the Texas Court of Criminal Appeals. The facts and issues are well known to the parties, so we need not recount them herein.
The petition incorrectly identifies Craig Watkins as the Dallas County District Clerk. Mr. Watkins is the Dallas County District Attorney.
This Court has no jurisdiction to issue a writ of mandamus against the District Clerk unless it is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999) (per curiam). We have no jurisdiction over post-conviction habeas corpus proceedings under article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon 2005); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1st Dist.] 2001) (per curiam). Accordingly, we DISMISS relator's petition for writ of mandamus for want of jurisdiction.