in Re Bennie Ray Johnson ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00249-CR
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IN RE BENNIE RAY JOHNSON
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Original Proceeding
221st District Court of Montgomery County, Texas
Trial Cause No. 19-07-09863-CR
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MEMORANDUM OPINION
In an original petition for a writ of mandamus, Bennie Ray Johnson complains
that he has been held in jail on a charge of burglary of a habitation following a
probable cause hearing based upon the arresting officer’s police report and not upon
a complaint signed by the victim of the burglary. Johnson failed to provide any
supporting documentation with his mandamus petition. Additionally, “[i]t is well
settled that an information may be predicated upon a complaint or affidavit made
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upon information and belief.” Catchings v. State, 285 S.W.2d 233, 344 (Tex. Crim.
App. 1955).
Release from confinement in a criminal case is obtained through habeas
corpus, over which this Court lacks original jurisdiction. See Tex. Code. Crim. Proc.
Ann. arts. 11.01, 11.05 (West 2015). Furthermore, to the extent his petition seeks
relief against the Montgomery County District Attorney’s Office and the
Montgomery County Sheriff’s Office, or the officials holding those offices, we lack
mandamus jurisdiction. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2018). To
the extent that he seeks mandamus relief against the Judge of the 221st District Court
of Montgomery County, Johnson has failed to show that he is entitled to the relief
sought. See Tex. R. App. P. 52.7(a)(1) (relator must file with petition “a certified or
sworn copy of every document that is material to the relator’s claim for relief and
that was filed in any underlying proceeding[]”). Accordingly, we deny the petition
for a writ of mandamus. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on August 20, 2019
Opinion Delivered August 21, 2019
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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