in Re Andre Renor Evans ( 2018 )


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  •                     In The
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    No. 06-18-00207-CR
    IN RE ANDRE RENOR EVANS
    Original Mandamus Proceeding
    Before Morriss, C.J., Moseley and Burgess, JJ.
    Memorandum Opinion by Justice Burgess
    MEMORANDUM OPINION
    Andre Renor Evans, proceeding pro se, has petitioned this Court for mandamus relief. Evans
    asks us to compel the Honorable Ralph Strother, judge of the 19th Judicial District Court, McLennan
    County, to rule on his claim of double jeopardy, among other things. 1 This Court has jurisdiction 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.” TEX. GOV’T CODE § 22.221(b)(1) (West Supp. 2018).
    McLennan County, however, is not within the territorial jurisdiction of this Court. 2 TEX. GOV’T CODE
    ANN. § 22.201(g). Accordingly, we have no authority to address the merits of the issues raised in
    Evans’ petition.
    1
    Evans has previously filed a petition for writ of mandamus in this Court. See In re Evans, No. 06-18-00172-CR,
    
    2018 WL 5259783
    , at *1 (Tex. App.—Texarkana Oct. 23, 2018, orig. proceeding). In that opinion, we erroneously
    named the respondent court as the 194th Judicial District Court of McLennan County. The correct respondent court
    in that case—as in this case—is the 19th Judicial District Court of McLennan County. Portions of Evans’ petition for
    writ of mandamus appear to take issue with our decision in cause number 06-18-00172-CR, and portions of his petition
    appear to take issue with the appeal of his underlying conviction.
    2
    Section 22.201(g) of the Texas Government Code states, “The Sixth Court of Appeals District is composed of the
    counties of Bowie, Camp, Cass, Delta, Fannin, Franklin, Gregg, Harrison, Hopkins, Hunt, Lamar, Marion, Morris,
    Panola, Red River, Rusk, Titus, Upshur, and Wood.” TEX. GOV’T CODE ANN. § 22.201(g) (West Supp. 2018).
    2
    We deny the petition for writ of mandamus. 3
    Ralph Burgess
    Justice
    Date Submitted:          December 6, 2018
    Date Decided:            December 7, 2018
    Do Not Publish
    3
    This petition for writ of mandamus does not implicate our mandate issued in the underlying appeal. See Evans v.
    State, No. 06-16-00064-CR, 
    2017 WL 1089806
    (Tex. App.––Texarkana Mar. 22, 2017, pet. ref’d) (mem. op., not
    designated for publication).
    3
    

Document Info

Docket Number: 06-18-00207-CR

Filed Date: 12/7/2018

Precedential Status: Precedential

Modified Date: 12/7/2018