in Re: Jason Miears v. State ( 2010 )

NO. 07-10-00346-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 21, 2010
IN RE: JASON MIEARS
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
On August 31, 2010, relator Jason Miears filed a “writ of prohibition” in this court.
By the pleading, he seeks an order compelling respondent, the Honorable Ron Rangel
Judge of the 379th Judicial District Court of Bexar County, to transfer venue in an
underlying criminal case. Miears otherwise asserts he was indicted in the wrong
county.
In a number of ways, the pleading Miears filed does not meet the requirements
for a petition in an original proceeding. Tex. R. App. P. 52.3. That aside, Miears’
petition is not accompanied by a record demonstrating a basis for this court’s
jurisdiction. Tex. R. App. P. 52.7. Based on the content of Miears’ unsworn pleading,
we conclude we lack jurisdiction over Judge Rangel. Bexar County, in which Judge
Rangel sits, is not located within our court of appeals district. See Tex. Gov’t Code Ann.
§ 22.221(b) (Vernon 2004) (power to issue writ of mandamus extends to a judge of a
district or county court in the court of appeals district); Tex. Gov’t Code Ann. §
22.201(e),(h) (Vernon Supp. 2009) (Bexar County is included in Fourth Court of Appeals
District; Seventh Court of Appeals District does not include Bexar County).
Because we lack jurisdiction of this original proceeding, it is dismissed.
Per Curiam
Do not publish.
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