In Re Kevin Dale Sheffield, Relator v. the State of Texas ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-23-00200-CR
IN RE KEVIN DALE SHEFFIELD, RELATOR
ORIGINAL PROCEEDING
May 23, 2023
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Relator Kevin Dale Sheffield seeks a writ of mandamus ordering respondent, the
Honorable William C. Bosworth, Jr., Judge of the 413th District Court of Johnson County,
to vacate a judgment manifesting Sheffield’s conviction in Cause Number DC-
F201900865. We deny the application for want of jurisdiction.
An appellate court has limited authority to issue writs of mandamus. One limitation
concerns the trial judge at whom it may direct such a writ. The jurist must preside over a
court located within the appellate court’s district. See TEX. GOV. CODE ANN. § 22.221(b)(1)
(stating that “[e]ach court of appeals for a court of appeals district may issue all writs of
mandamus . . . against . . . a judge of a district, statutory county, statutory probate county,
or county court in the court of appeals district”). The judge against whom relief is sought
at bar presides over a district court located in Johnson County, Texas. The latter county
is not one of the 46 within the appellate district of the Seventh Court of Appeals. Thus,
the Seventh Court of Appeals lacks jurisdiction to entertain Sheffield’s petition, and we
dismiss it for that reason.
It is so ordered.
Brian Quinn
Chief Justice
Do not publish.
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