in Re Corey Chandler ( 2021 )


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  •        TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-21-00552-CV
    In re Corey Chandler
    ORIGINAL PROCEEDING FROM TRAVIS COUNTY
    MEMORANDUM OPINION
    Relator Corey Chandler, an inmate in the Texas Department of Criminal Justice,
    has filed a pro se petition for writ of mandamus, seeking to compel the Travis County District
    Clerk to transmit copies of his application for writ of habeas corpus, any answers filed, the
    convicting court's findings, and all related filings to the Texas Court of Criminal Appeals in
    accordance with article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim.
    Proc. art. 11.07, § 3(c).
    As an intermediate appellate court, this Court has no jurisdiction to issue a writ of
    mandamus against a district clerk unless necessary to enforce our jurisdiction, see Tex. Gov't
    Code § 22.221(a); In re Washington, 
    7 S.W.3d 181
    , 182 (Tex. App.—Houston [1st Dist.] 1999,
    orig. proceeding), and our jurisdiction is not implicated here, see Tex. Code Crim. Proc.
    art. 11.07, § 5 (vesting complete jurisdiction over post-conviction relief from final felony
    convictions in Court of Criminal Appeals).
    Accordingly, the petition for writ of mandamus is dismissed for want of
    jurisdiction. See In re LaMountain, No. 03-19-00545-CV, 
    2019 WL 5779756
    , at *1 (Tex.
    App.—Austin Nov. 6, 2019, orig. proceeding) (dismissing relator's petition for writ of
    mandamus when relater sought to compel district court to transmit habeas corpus application and
    related filings to Court of Criminal Appeals).
    __________________________________________
    Melissa Goodwin, Justice
    Before Justices Goodwin, Baker, and Smith
    Filed: November 18, 2021
    2
    

Document Info

Docket Number: 03-21-00552-CV

Filed Date: 11/18/2021

Precedential Status: Precedential

Modified Date: 11/23/2021