Opinion
No. 06-15-00093-CR
06-04-2015
IN RE REGINALD D. REECE
Original Mandamus Proceeding Before Morriss, C.J., Moseley and Carter, JJ.
MEMORANDUM OPINION
Jack Carter, Justice, Retired, Sitting by Assignment
Reginald D. Reece has filed a petition for writ of mandamus in which he asks this Court to order the District Clerk of Bowie County to transmit his writ of habeas corpus and related documents to the Texas Court of Criminal Appeals.
This Court has jurisdiction to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district." TEX. GOV'T CODE ANN. § 22.221(b) (West 2004). This Court only has mandamus jurisdiction over the district clerk when the district clerk's actions interfere with this Court's jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a) (West 2004). We do not have jurisdiction over the district clerk in the context of this petition because courts of appeals have no original jurisdiction over petitions for habeas corpus relief in connection with criminal proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015); TEX. GOV'T CODE ANN. § 22.221. In the absence of jurisdiction, we must deny the petition.
We deny the petition for writ of mandamus.
Jack Carter
Justice
Date Submitted: June 3, 2015
Date Decided: June 4, 2015
Do Not Publish