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In re Longwell

Court of Appeals of Texas, Fourteenth District, Houston
May 14, 2009
No. 14-09-00416-CR (Tex. App. May. 14, 2009)

Opinion

No. 14-09-00416-CR

Opinion filed May 14, 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 DO NOT PUBLISH — Tex.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 May 5, 2009, relator, Rebecca Longwell, 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 her petition, relator requests that we compel the respondent, the Sheriff of Fort Bend County, to discharge her for good conduct time credit in accordance with her plea agreement on her conviction for fraudulent use of identifying information. 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). The respondent is not a district or county court judge. Moreover, relator has not shown that the exercise of our mandamus authority against the respondent 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 Sheriff of Fort Bend County. Accordingly, relator's petition for writ of mandamus is ordered dismissed for lack of jurisdiction.


Summaries of

In re Longwell

Court of Appeals of Texas, Fourteenth District, Houston
May 14, 2009
No. 14-09-00416-CR (Tex. App. May. 14, 2009)
Case details for

In re Longwell

Case Details

Full title:IN RE REBECCA LONGWELL, Relator

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

Date published: May 14, 2009

Citations

No. 14-09-00416-CR (Tex. App. May. 14, 2009)