Court of Civil Appeals of Texas, 2014

in Re Raymond Carl Helmick

in Re Raymond Carl Helmick
Court of Civil Appeals of Texas · Decided August 5, 2014

in Re Raymond Carl Helmick

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed August 5, 2014.

In The Fourteenth Court of Appeals NO. 14-14-00612-CR

IN RE RAYMOND CARL HELMICK, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 278th District Court Walker County, Texas Trial Court Cause No. 25921 MEMORANDUM OPINION On July 28, 2014, relator Raymond Carl Helmick filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the presiding judge of the 278th District Court of Walker County to resentence relator.

Section 22.221 of the Texas Government Code expressly limits the mandamus jurisdiction of the court of appeals to: (1) writs against a “judge of a district or county court in the court of appeals district”; and (2) all writs necessary to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221.

Matagorda County is not within our appellate district. See Tex. Gov’t Code Ann. § 22.201(o) (West Supp. 2014). Instead, Walker County is within the Tenth Court of Appeals district. Id. § 22.201(k). Because Walker County is not in our appellate district and it is not necessary to enforce this court’s jurisdiction, we have no authority to issue a writ of mandamus directed at the presiding judge of the 278th District Court.

Accordingly, relator’s petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM Panel consists of Justices Christopher, Jamison, and McCally.

Do Not Publish — Tex. R. App. P. 47.2(b).

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