Summary
dismissing original proceeding complaining of court of criminal appeals for want of jurisdiction
Summary of this case from In re KennedyOpinion
No. 05-13-00435-CV
04-19-2013
Writ of Mandamus Dismissed; Opinion issued April 19, 2013
Original Proceeding from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-11133-P
MEMORANDUM OPINION
Before Justices FitzGerald, Lang, and Myers
Opinion by Justice FitzGerald
Before the Court is relator's petition for writ of mandamus complaining that neither the Court of Criminal Appeals nor this Court has sent him a copy of a petition for discretionary review filed by relator's attorney. The facts and issues are well known to the parties, so we need not recount them herein. This Court does not have mandamus jurisdiction over the Court of Criminal Appeals. See TEX. GOV'T CODE ANN. § 22.221 (West 2004). Accordingly, we DISMISS relator's petition for a writ of mandamus for want of jurisdiction to the extent it seeks relief regarding the Court of Criminal Appeals. To the extent the petition requests a copy of the petition for discretionary review from this Court, relator has not shown he is entitled to that relief, and we DENY that portion of the petition. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding).
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JUSTICE