in Re Thomas Florence ( 2010 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 28, 2010.

In The

Fourteenth Court of Appeals

NO. 14-10-01015-CR

In Re Thomas Florence, Relator

  ORIGINAL PROCEEDING

  WRIT OF MANDAMUS

MEMORANDUM OPINION

On October 19, 2010, relator Thomas Florence filed a document entitled “Supplement Advisory to Habeas Corpus Combined Writ of Mandamus.”  See Tex. Gov’t Code Ann. §22.221 (West 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court “to order the Galveston Police Report and indictment ASAP which will show that I’m illegally detained and charged.”

This court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221 (West 2004).  Relator’s pleadings do not attempt to appeal from action of a trial court, nor do the documents allege actions that he claims threaten this court’s jurisdiction.  Relator does not name a respondent over whom this court has mandamus jurisdiction.  Further, because relator does not seek to invoke this court’s appellate jurisdiction, nor assert that mandamus should issue to protect this court’s jurisdiction, we do not have jurisdiction to issue mandamus under the facts and circumstances alleged.

To the extent relator is attempting to file a pretrial writ of habeas corpus, this court also has no jurisdiction.  We are unable to consider relator’s petition because our habeas corpus jurisdiction in criminal matters is appellate only.  Denby v. State, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding), cert. denied, 462 U.S. 1110 (1983).

Accordingly, relator’s petition is ordered dismissed.

                                                                                    PER CURIAM

Panel consists of Justices Anderson, Frost, and Brown.

Do Not Publish — Tex. R. App. P. 47.2(b).