in Re Frankie Bartolo Mercado ( 2017 )

Opinion issued March 16, 2017
In The
Court of Appeals
For The
First District of Texas
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NO. 01-17-00167-CR
NO. 01-17-00168-CR
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IN RE FRANKIE BARTOLO MERCADO, Relator
Original Proceedings on Petitions for Writ of Mandamus
MEMORANDUM OPINION
Relator, Frankie Bartolo Mercado, proceeding pro se and incarcerated, has
filed a combined original application for writ of mandamus seeking to compel the
respondent trial judge to rule on his pending pro se “Motion for Court Order for
Disclosure of Information of Grand Jury” in his two underlying habeas corpus
proceedings.1
We construe the application as petitions for a writ of mandamus, but deny the
petitions.2 See TEX. R. APP. P. 52.8(a), (d).
PER CURIAM
Panel consists of Justices Keyes, Bland, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
1
The underlying cases are Ex parte Frankie Bartolo Mercado, Cause Nos. 1431388-
A & 1431364-A, pending in the 262nd District Court, Harris County, Texas, the
Honorable Denise Bradley presiding. We recently denied relator’s pro se petitions
seeking the same mandamus relief as that sought here. See In re Frankie Bartolo
Mercado, Nos. 01-17-00046-CR & 01-17-00047-CR, 2017 WL 711735, at *1 (Tex.
App.—Houston [1st Dist.] Feb. 23, 2017, orig. proceeding) (per curiam) (mem. op.,
not designated for publication).
2
We also dismissed relator’s direct appeals for want of jurisdiction under the related
trial court cause numbers 1431388 and 1431364. See Mercado v. State, Nos. 01-
16-00705-CR & 01-16-00706-CR, 2016 WL 7164013, at *1 (Tex. App.—Houston
[1st Dist.] Dec. 8, 2016, no pet.) (per curiam) (mem. op., not designated for
publication). We note that, because our mandates issued on February 17, 2017,
making his convictions final, relator may file new article 11.07 habeas petitions with
the district court, made returnable with the Court of Criminal Appeals. See TEX.
CODE CRIM. PROC. ANN. art. 11.07, § 3(a) (West Supp. 2016); Ex parte Johnson,
12 S.W.3d 472, 473 (Tex. Crim. App. 2000).
2