Opinion
No. 05-20-00821-CV
10-27-2020
IN RE CLYDE JOE PARKER II, Relator
Original Proceeding from the 59th Judicial District Court Grayson County, Texas
Trial Court Cause No. 049314-C
MEMORANDUM OPINION
Before Justices Osborne, Reichek, and Browning
Opinion by Justice Reichek
In this original proceeding, relator Clyde Joe Parker II has filed a petition for writ of mandamus and a motion seeking permission to file his petition. Because relator need not seek permission to file a petition for writ of mandamus, we deny the motion as moot. See TEX. R. APP. P. 52.1. Because we lack jurisdiction to grant mandamus relief in this case, we dismiss the petition for writ of mandamus without considering its merits.
Relator was convicted of aggravated assault of a public servant and is serving an eighteen-year sentence for that offense. See Parker v. State, No. 05-03-00631-CR, 2004 WL 187836 (Tex. App.—Dallas Feb. 2, 2004, no pet.) (mem. op., not designated for publication). Relator reports that he was paroled for a period of time, but he has been arrested and is now confined. Relator seeks the Court's assistance to compel the trial court to consider and rule upon a writ of habeas corpus in which he contends he has completed his sentence if his time credits are applied correctly. Relator has attached a copy of his habeas application as an appendix to his petition for writ of mandamus.
Because relator was convicted of a felony and sentenced to prison, his application for post-conviction habeas relief is filed pursuant to article 11.07 of the code of criminal procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 1, 5. Our mandamus jurisdiction does not extend to ordering a trial court to rule on matters associated with a pending article 11.07 writ application. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117-18 (Tex. Crim. App. 2013); see also In re Ward, No. 12-15-00142-CR, 2015 WL 3505189, at *1 (Tex App.—Tyler June 3, 2015, orig. proceeding) (mem. op., not designated for publication); In re Hamilton, No. 03-13-00384-CV, 2013 WL 3336839, at *1 (Tex. App.—Austin June 26, 2013, orig. proceeding) (mem. op).
Accordingly, we dismiss relator's petition for writ of mandamus.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE 200821F.P05