Ex Parte James Mangum

IN THE

TENTH COURT OF APPEALS

No. 10-12-00298-CR

EX PARTE JAMES MANGUM

From the 54th District Court McLennan County, Texas

Trial Court No. 2011-2513-C2

MEMORANDUM OPINION

James Mangum has filed a pre-trial petition for writ of habeas corpus. His complaint is that the trial court denied motions made by his appointed counsel and himself to have the appointed counsel replaced with another appointed counsel. While we note a number of procedural problems with the petition, which are noted below, we use Rule 2 to expedite the disposition of this proceeding.1 TEX. R. APP. P. 2.

As to the merits of the petition, however, Mangum’s complaint is really nothing more than an attempt to have a review of an interlocutory order. He has not asserted or shown an unconstitutional restraint of his person that would invoke this Court’s very limited constitutional jurisdiction of a writ of habeas corpus. See Ramirez v. State, 36 S.W.3d 660, 664 (Tex. App.—Waco 2001, pet. ref’d) (no original jurisdiction of any criminal habeas corpus proceeding); TEX. CONST. art. V § 6 (courts of appeals shall have such other jurisdiction, original and appellate, as may be prescribed by law). See also Ex parte Schmidt, 109 S.W.3d 480, 482 (Tex. Crim. App. 2003) (when a trial court has jurisdiction to issue a writ and denies relief, the denial can be appealed).

Therefore, we dismiss the petition for writ of habeas corpus for lack of jurisdiction.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Petition dismissed

Opinion delivered and filed August 23, 2012

Do not publish [OT06]

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