DISMISS; and Opinion Filed April 3, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00417-CV IN RE LESTER JON RUSTON, Relator On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F04-21379-M MEMORANDUM OPINION Before Justices O'Neill, Lang-Miers, and Evans Opinion by Justice Lang-Miers

Before the Court is relator’s petition for writ of prohibition seeking to prevent the state from commencing or continuing any prosecution against him. The facts and issues are well known to the parties, so we need not recount them herein. This Court does not have jurisdiction to enter a writ of prohibition to prevent criminal prosecution. TEX. CODE CRIM. PROC. ANN. art. 4.04 (West 2005); Allen v. Guarino, 635 S.W.2d 129, 129 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding). Accordingly, we DISMISS relator’s petition for a writ of mandamus for want of jurisdiction.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 130417F.P05