Opinion
No. 05-16-01450-CV
06-07-2017
IN RE CHARLES RAY MASON, Relator
Original Proceeding from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F94-62289-KH
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Schenck
Opinion by Justice Lang-Miers
Before the Court is relator's December 12, 2016 petition for writ of mandamus in which he asks this Court to order his trial counsel to provide relator with copies of his case file and a letter that purportedly included exculpatory evidence. Relator's petition for writ of mandamus was filed in reference to two separate trial court cause numbers and was docketed in this Court as cause numbers 05-16-01449-CV and 05-16-01450-CV. It has come to the Court's attention that the opinion and order dismissing cause number 05-16-01449-CV on January 4, 2017 did not include cause number 05-16-01450-CV in its caption. This proceeding, therefore, remains pending. We issue this opinion and accompanying order to correct that error and dispose of this proceeding.
Unless necessary to enforce our jurisdiction, this Court is without jurisdiction to issue a writ of mandamus against an attorney. TEX. GOV'T CODE ANN. § 22.221(a) (appellate court may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court); TEX. GOV'T CODE ANN. § 22.221(b) (writ jurisdiction over district and county courts only). No appeal is pending in this case, and relator makes no claim that a writ of mandamus is necessary to enforce our jurisdiction. Accordingly, we dismiss relator's petition for writ of mandamus for want of jurisdiction.
We deny as moot relator's application for leave to file a petition for writ of mandamus because a motion for leave is not required for a petition filed in an intermediate appellate court. See TEX. R. APP. P. 52.1. Because we dismiss the petition for writ of mandamus, we also deny as moot the motion for leave to proceed in forma pauperis.
/Elizabeth Lang-Miers
ELIZABETH LANG-MIERS
JUSTICE 161450F.P05