Opinion issued May 5, 2011

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00274-CR

NO. 01-11-00275-CR

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IN RE Alfredo Zambada, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION[1]

          Relator, Alfredo Zambada, has filed a pro se petition for writ of mandamus, complaining that the Brazoria County District Clerk failed to transmit relator’s application for writ of habeas corpus, any answers, and the trial court’s findings on relator’s application to the Texas Court of Criminal Appeals in accordance with article 11.07 of Texas Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. art. 11.07 § 3(c) (West Supp. 2010).    

          Relator is not entitled to mandamus relief because his petition is procedurally defective.  See, e.g., Tex. R. App. P. 9.5 (a), (d) (requiring that all documents presented to Court be served on all parties and contain proof of service); Tex. R. App. P. 52.7(a)(1) (requiring that relator file certified or sworn copy of documents material to claim for relief).  Even had relator filed a petition that complied with the Rules of Appellate Procedure, however, this Court could not grant the relief relator seeks.  We have no jurisdiction to issue a writ of mandamus against the Brazoria County District Clerk unless necessary to enforce our jurisdiction.  See Tex. Gov’t Code Ann. § 22.221(a), (b) (West 2004) (limiting courts of appeals’ mandamus jurisdiction); In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).  Because the Texas Court of Criminal Appeals has exclusive jurisdiction over applications for habeas corpus relief under article 11.07, relator’s petition does not raise an issue regarding the need to protect, or a threat to, our jurisdiction.  See Tex. Code Crim. Proc. Ann. art. 11.07 § 5 (West Supp. 2010).   

          According, relator’s petition for writ of mandamus is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.

Do not publish.   Tex. R. App. P. 47.2(b).