Court of Civil Appeals of Texas, 2024

In Re Edward Romero v. the State of Texas

In Re Edward Romero v. the State of Texas
Court of Civil Appeals of Texas · Decided October 30, 2024

In Re Edward Romero v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas October 30, 2024 No. 04-24-00422-CR IN RE Edward ROMERO, Relator Original Proceeding 1 ORDER Relator, Edward Romero, has filed a petition for writ of mandamus, seeking an order directing the trial court to rule on motions Romero filed in the court below. The proceeding in the trial court, however, relates to a post-conviction application for writ of habeas corpus seeking relief from a final felony conviction. As a result, this court has no jurisdiction to consider Romero’s petition. See In re Lares, No. 04-17-00305-CR, 2017 WL 2960393, at *1 (Tex. App.—San Antonio July 12, 2017, orig. proceeding) (mem. op., not designated for publication); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we dismiss Romero’s petition for want of jurisdiction.

We further dismiss Romero’s motion for leave to file a petition as moot. See In re Perryman, No. 04-11-00300-CR, 2011 WL 2165145, at *1 (Tex. App.—San Antonio May 25, 2011, orig. proceeding) (mem. op., not designated for publication) (citing TEX. R. APP. P. 52).

It is so ORDERED on October 30, 2024.

_____________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of October, 2024.

_____________________________ Luz Estrada, Chief Deputy Clerk

This proceeding arises out of Cause No. 2013CR3128, styled Ex parte Edward Romero, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Kristina Escalona presiding.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.