Opinion
03-23-00724-CV
11-15-2023
In re Wayne Taylor
ORIGINAL PROCEEDING FROM HARRIS COUNTY
Before Justices Baker, Triana, and Smith.
MEMORANDUM OPINION
GISELA D. TRIANA, JUSTICE.
Wayne Taylor, an inmate at the Harris County Sheriff's Office Jail, has filed a pro se petition for writ of habeas corpus complaining of the 230th District Court's alleged denial of Taylor's right to a speedy trial. As a preliminary matter, we note a number of procedural anomalies with the petition, including, for example, that the caption appears to contemplate filing in the district court, whereas the envelope is addressed to the "Criminal Court of Appeals [sic]" but at this Court's street address. We will treat the petition as addressed to this Court, and will dismiss for want of jurisdiction. See Tex.R.App.P. 52.8(a).
Although we have appellate jurisdiction to review a trial court's order denying habeas relief, see Ex parte Valle, 104 S.W.3d 888, 890 (Tex. Crim. App. 2003), we do not have original jurisdiction in habeas cases except in very narrow circumstances not implicated here. See Tex. Gov't Code Ann. § 22.221(d); see also In re Reece, 341 S.W.3d 360, 364 n.3 (Tex. 2011) (orig. proceeding); In re J.M.W., No. 12-17-00043-CV, 2017 WL 513056, at *1 (Tex. App.-Tyler Feb. 8, 2017, orig. proceeding) (mem. op.). Furthermore, even if construed as a petition for writ of mandamus, this Court would still lack jurisdiction to consider the petition. Intermediate courts of appeals have jurisdiction to issue a writ of mandamus only against a district or county court judge in the Court's appellate district and against a district court judge acting as a magistrate in a court of inquiry in the Court's district. Tex. Gov't Code § 22.221(b). The 230th District Court is not within the appellate district of the Third Court of Appeals. See Tex. Gov't Code § 22.201(d), (i). Consequently, we are without jurisdiction to consider the petition. See Tex. Gov't Code § 22.221(b); see also In re Davis, 87 S.W.3d 794, 795 (Tex. App.-Texarkana 2002, orig. proceeding).
We dismiss the petition for want of jurisdiction.