Opinion

in Re Steven Allen Gomez

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Sep 24, 2013
Status
Published
Cited by
0 cases

The opinion

Opinion issued September 24, 2013

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-13-00680-CR

———————————

IN RE STEVEN ALLEN GOMEZ, Relator

Original Proceeding on Petition for Writ of Mandamus1

MEMORANDUM OPINION ON REHEARING

Relator Steven Allen Gomez, an inmate proceeding pro se, filed a petition

for writ of mandamus complaining that the trial court and the Texas Board of

1

Counsel for Appellant: Pro se

Counsel for Appellee: unknown

Trial court Judge: Hon. Lonnie Cox, 56th District Court of Galveston County;

Ressie Owens, Chair of Texas Board of Pardons and Paroles

Pardons and Paroles refuse to rule on his request to modify his parole terms.2 We

dismissed the petition after receiving a motion to dismiss filed under relator’s

signature. Relator has moved for rehearing on the ground that the dismissal motion

was not filed by him but by another prison inmate who lacked authority to request

dismissal on relator’s behalf. We grant relator’s motion for rehearing,3 withdraw

our prior opinion, and issue this opinion in its stead.

This Court has no jurisdiction to grant relator’s request for relief against the

Texas Board of Pardons and Paroles. By statute, we only have the authority to

issue a writ of mandamus against a “judge of a district or county court in the court

of appeals district” and other writs as necessary to enforce our appellate

jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)−(b) (West 2004) (emphasis

added). The issuance of a writ compelling the Texas Board of Pardons and Paroles

to provide relator the requested relief is not necessary to enforce our appellate

jurisdiction. Accordingly, that part of relator’s petition requesting relief against the

Texas Board of Pardons and Paroles is outside the scope of our original

2

The underlying case is State v. Gomez, No. 02CR2058, in the 56th District Court

of Galveston County, Texas.

3

Rule 49.2 of the Texas Rules of Appellate Procedure provides that “[a] motion [for

rehearing] will not be granted unless a response has been filed or requested by the

Court.” See TEX. R. APP. P. 49.2. We conclude that there is good cause to suspend

the application of rule 49.2 in this case. See TEX. R. APP. P. 2 (permitting appellate

courts to “suspend a rule’s operation in a particular case” on its own initiative in

order “to expedite a decision or for other good cause”). Given our decision to deny

mandamus relief, we decline to impose upon the real party in interest the expense

of filing a response to the rehearing motion.

2

jurisdiction. We deny the remainder of the relief requested in relator’s petition, and

we dismiss all outstanding motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Huddle, and Brown.

Do not publish. TEX. R. APP. P. 47.2(b).

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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