Opinion
No. 10-17-00359-CR
11-08-2017
IN RE CLIFTON D. JACKSON
Original Proceeding
MEMORANDUM OPINION
Clifton D. Jackson has filed a Petition for Writ of Mandamus in this Court. It is unclear exactly what Jackson seeks to accomplish by this petition, but it appears that he requests this Court to order the State to charge a detention officer with a criminal offense. There are procedural problems with Jackson's petition but we use Rule 2 to look beyond those problems and dismiss the petition. TEX. R. APP. P. 2.
We are a court of appeals. As such, we have original and appellate jurisdiction only as authorized by law. See TEX. CONST. art. V § 6. We have original jurisdiction to issue writs of mandamus against a judge, see TEX. GOV'T CODE ANN. § 22.221(b) (West 2004), and writs of habeas corpus where an individual is confined due to a violation of an order made in a civil case. Id. (d). Jackson is not requesting that we mandamus the trial court and has not alleged that he is being confined in a civil case. We reiterate that original jurisdiction is only as authorized by law. TEX. CONST. art. V § 6. We know of no law, and Jackson has not cited or directed us to any, that gives us original jurisdiction to order the State to charge a person with a criminal offense.
We also do not have original jurisdiction of any writs of habeas corpus in criminal cases. See Ramirez v. State, 36 S.W.3d 660, 664 (Tex. App.—Waco 2001, pet. ref'd).
Accordingly, Jackson's Petition for Writ of Mandamus is dismissed for want of jurisdiction.
TOM GRAY
Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Petition dismissed
Opinion delivered and filed November 8, 2017
Do not publish
[OT06]