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 2014-08

in Re: Douglas Wayne Jenkins ( 2014 )


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  •                                   COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-14-00223-CR
IN RE: DOUGLAS WAYNE JENKINS,                   §
AN ORIGINAL PROCEEDING
Relator.                     §
IN MANDAMUS
§
§
§
MEMORANDUM OPINION
Douglas Wayne Jenkins, Relator, has filed a petition for writ of mandamus against the
Honorable Pedro Gomez, Judge of the 112th District Court of Pecos County, Texas, asking that
we order Respondent to rule on a petition for writ of habeas corpus. We deny mandamus relief.
A party seeking a writ of mandamus in a criminal case must make two showings: (1) that
there is no adequate remedy at law to redress the alleged harm; and (2) that the act the relator
seeks to compel is ministerial rather than discretionary in nature. See e.g. Board of Pardons and
Paroles ex rel. Keene v. Court of Appeals for the Eighth District,
    910 S.W.2d 481
    , 483
(Tex.Crim.App. 1995) (orig. proceeding); In re State of Texas,
    304 S.W.3d 581
    , 583 (Tex.App.--
El Paso 2010, orig. proceeding). Although mandamus will not issue to compel a particular result
in what is manifestly a discretionary decision, mandamus may be appropriate to impel
consideration of a motion or the issuance of a ruling, the doing of which is not discretionary.
White v. Reiter,
    640 S.W.2d 586
    , 593-94 (Tex.Crim.App. 1982); State ex rel. Rodriguez,
    196 S.W.3d 454
    , 458 (Tex.App.--El Paso 2006, orig. proceeding).
Relator asks us to compel Respondent to rule on a pending Article 11.07 writ application.
The Court of Criminal Appeals has exclusive jurisdiction in final post-conviction habeas corpus
proceedings. TEX.CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2013); Padieu v. Court of
Appeals of Texas, Fifth District,
    392 S.W.3d 115
    , 117 (Tex.Crim.App. 2013); In re McAfee,
    53 S.W.3d 715
    , 717 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding). Any complaints about
action or inaction on a pending Article 11.07 writ application must be brought by mandamus to
the Court of Criminal Appeals. In re
    McAfee, 53 S.W.3d at 717
    . Accordingly, we deny the
relief requested.
GUADALUPE RIVERA, Justice
August 6, 2014
Before McClure, C.J., Rivera, and Rodriguez, JJ.
(Do Not Publish)
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