In Re Jose Morales v. the State of Texas ( 2024 )

NUMBER 13-24-00132-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE JOSE MORALES
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Longoria, Silva, and Peña
Memorandum Opinion by Justice Longoria1
Relator Jose Morales filed a pro se petition for writ of mandamus raising complaints
regarding violations of due process, false evidence, and a void judgment. This original
proceeding arises from trial court cause number D-1-DC-17-300766 in the 390th District
Court of Travis County, Texas.
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.4 (distinguishing opinions and memorandum opinions).
Article V, § 6 of the Texas Constitution delineates the appellate jurisdiction of the
courts of appeals, and states that the courts of appeals “shall have such other jurisdiction,
original and appellate, as may be prescribed by law.” TEX. CONST. art. V, § 6(a). The main
source of original jurisdiction for the courts of appeals is provided by § 22.221 of the Texas
Government Code. See TEX. GOV’T CODE ANN. § 22.221; In re Cook, 394 S.W.3d 668,
671 (Tex. App.—Tyler 2012, orig. proceeding). In pertinent part, this section provides that
an intermediate appellate court may issue writs of mandamus against specified judges in
its district and “all other writs necessary to enforce the jurisdiction of the court.” TEX. GOV’T
CODE ANN. § 22.221(a), (b).
The Court, having examined and fully considered the petition for writ of mandamus,
is of the opinion that we lack jurisdiction over this original proceeding. Relator seeks
mandamus relief against the judge of the 390th District Court of Travis County. However,
Travis County is not located within the geographic district for the Thirteenth Court of
Appeals and is instead located within the geographic district for the Third Court of
Appeals. See TEX. GOV’T CODE ANN. § 22.201(d) (delineating the counties comprising the
Third Court of Appeals District); id. § 22.201(n) (delineating the counties comprising the
Thirteenth Court of Appeals District). Thus, we lack jurisdiction to issue a writ against the
judge of the 390th District Court of Travis County. See id. § 22.221(b); In re Cortez, 415
S.W.3d 903, 904 (Tex. App.—Texarkana 2013, orig. proceeding) (per curiam). Further,
there is no indication in the record that the requested relief is necessary to enforce our
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appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a). Accordingly, we dismiss
the petition for writ of mandamus.
NORA L. LONGORIA
Justice
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
23rd day of February, 2024.
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