Opinion
NO. 01-14-00947-CR
12-04-2014
IN RE MIKE MENDOZA, JR., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Mike Mendoza, Jr., has filed a pro se petition for writ of mandamus seeking to compel the Harris County district attorney to respond to his pending application for a post-conviction writ of habeas corpus, filed in 2009 under Texas Code of Criminal Procedure Article 11.07. However, we do not have jurisdiction to issue a writ of mandamus directed at the district attorney because the requested writ neither is against a judge nor is necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. §§ 22.221(a), (b) (West 2004).
The underlying case is Ex Parte Mike Mendoza, Jr., Cause No. 952290-B, in the 262nd Judicial District Court of Harris County, Texas, the Honorable Denise Bradley presiding. In 2004, we affirmed appellant's murder conviction. See Mendoza, Jr. v. The State of Texas, No. 01-03-00783-CR, 2004 WL 2538280, at *6 (Tex. App.—Houston [1st Dist.] Nov. 10, 2004, no pet.) (mem. op., not designated for publication).
Accordingly, relator's petition for writ of mandamus is dismissed for want of jurisdiction.
PER CURIAM Panel consists of Justices Keyes, Higley, and Brown. Do not publish. TEX. R. APP. P. 47.2(b).