Opinion
No. 10-04-00050-CR.
Opinion delivered and filed March 10, 2004. DO NOT PUBLISH. [OT06].
Original Proceeding. Writ dismissed for want of jurisdiction.
Joe Pena, Sr., Iowa Park, TX, Pro Se. Kerry M. Spears, Milan County Dist. County Attorney, Cameron, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA
MEMORANDUM OPINION
Petitioner asks this Court to issue a writ of mandamus against a Milam County judge. However, this Court's mandamus jurisdiction does not extend to Milam County. See TEX. GOV'T CODE ANN. §§ 22.201(k), 22.221(b)(1) (Vernon Supp. 2004); In re Davis, 87 S.W.3d 794, 795 (Tex. App.-Texarkana 2002, orig. proceeding). The Clerk of this Court notified Petitioner that this proceeding is subject to dismissal for want of jurisdiction and would be dismissed if a response showing grounds for this Court to exercise jurisdiction was not filed within ten days. In response, Petitioner concedes that this Court does not have jurisdiction and requests that the Clerk of this Court forward his petition to the Clerk of the Court of Criminal Appeals in Austin. Cf. Peacock v. Travelers Prop. Cas. Ins. Co., 16 S.W.3d 445, 447 (Tex. App.-Waco 2000, no pet.) (forwarding appellate file to Dallas Court of Appeals after dismissing appeal pending in Waco Court for want of jurisdiction). Because Petitioner does not provide "a compelling reason" why the petition should be presented first to the Court of Criminal Appeals rather than the proper Court of Appeals, we decline this request. See Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex.Crim.App. 2003) (orig. proceeding). We dismiss this proceeding for want of jurisdiction. See Davis, 87 S.W.3d at 795.