in Re John Newton Allen ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00376-CR
IN RE John Newton ALLEN
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: June 4, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On May 27, 2014, relator John Newton Allen filed a pro se petition for writ of mandamus.
Allen was convicted and sentenced to life in prison in 1983 in a criminal proceeding conducted in
the 2nd Judicial District Court located in Cherokee County, Texas.
The Texas Government Code provides that the intermediate courts of appeal in this state
may issue writs necessary to enforce the jurisdiction of the court against judges of district or county
courts located in the court of appeals district. TEX. GOV’T CODE ANN. § 22.221(a)-(b) (West 2004).
The 2nd Judicial District Court is located in Cherokee County, Texas, which is in the Twelfth
Court of Appeals District. See TEX. GOV’T CODE ANN. §§ 24.102(a); 22.201(m) (West 2004 and
Supp. 2013).
1
This proceeding arises out of Cause No. 9630, styled The State of Texas v. John Newton Allen, pending in the 2nd
District Court, Cherokee County, Texas, the Honorable Dwight L. Phifer presiding.
04-14-00376-CR
We conclude this court has no jurisdiction to address relator’s petition which concerns a
criminal proceeding over which a sister court of appeals would have appellate jurisdiction.
Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-