in Re Raymond Gilbert

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-19-00115-CR

IN RE RAYMOND GILBERT

Original Mandamus Proceeding

Before Morriss, C.J., Burgess and Stevens, JJ.

Memorandum Opinion by Justice Burgess MEMORANDUM OPINION

Raymond Gilbert has filed a petition for writ of mandamus asking this Court to order the Honorable R. Scott McKee, sitting as the 392nd Judicial District Court of Henderson County, to rule on a motion to preserve evidence and a motion for new trial Gilbert filed in that court.

Section 22.221 of the Texas Government Code provides that “[e]ach court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against: . . . (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district.” See TEX. GOV’T CODE ANN. § 22.221(b)(1) (Supp.). The 392nd Judicial District Court of Henderson County is not located within our district. TEX. GOV’T CODE ANN. § 22.201(g) (Supp.). It is located within the district of the Tyler Court of Appeals. See TEX. GOV’T CODE ANN. § 22.201(m) (Supp.). Although Gilbert’s underlying criminal appeal was transferred to this Court pursuant to the Texas Supreme Court’s docket equalization order, such transfer does not confer jurisdiction on this Court in a separate original proceeding. 1 See In re Davis, 87 S.W.3d 794, 795 (Tex. App.— Texarkana 2002, orig. proceeding).

We, therefore, dismiss the petition for writ of mandamus for want of jurisdiction.

Ralph K. Burgess

Justice

Date Submitted: June 21, 2019

Date Decided: June 24, 2019

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