CourtListener 10842203•In Re Tony Ramirez v. the State of Texas
Testo completo
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00295-CV
In re Tony Ramirez
ORIGINAL PROCEEDING FROM HAYS COUNTY
MEMORANDUM OPINION
Relator Tony Ramirez, an inmate with the Texas Department of Criminal Justice,
has filed a pro se petition for writ of mandamus naming as respondent “The State of Texas” and
directing respondent to dismiss criminal charges putatively pending against relator. We treat the
petition as directed against the District Attorney of Hays County, Texas, and dismiss the petition
for want of jurisdiction. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1.
This Court does not have mandamus jurisdiction over a district attorney. See
In re Jones, No. 06-03-00061-CV, 2003 WL 1985247, at *1 (Tex. App.—Texarkana
Apr. 30, 2003, orig. proceeding) (mem. op., not designated for publication); Roberts v. Lowry,
742 S.W.2d 747, 749 (Tex. App.—Houston [1st Dist.] 1987, no writ). By statute, this Court has
the authority to issue a writ of mandamus against “a judge of a district, statutory county,
statutory probate county, or county court in the court of appeals district” and other writs as
necessary to enforce our appellate jurisdiction. See Tex. Gov’t Code § 22.221. Thus, the
District Attorney of Hays County is not a party against whom we may issue a writ of mandamus
unless necessary to enforce our jurisdiction. Relator has not demonstrated that our jurisdiction is
implicated here. We therefore have no jurisdiction to grant relator the relief he seeks.
Accordingly, the petition is dismissed for want of jurisdiction.
__________________________________________
Karin Crump, Justice
Before Chief Justice Byrne, Justices Theofanis and Crump
Filed: April 3, 2026
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