In re Kevin Earl Scott

Eastland, TX - Criminal defense attorney represented Kevin Earl Scott with a filing the original petitions for writ of mandamus.

Relator, Kevin Earl Scott, filed these original petitions for writ of mandamus

in which he requests that we instruct the Honorable Don Gosnell, presiding judge of

the City of Cross Plains Municipal Court, to transmit Relator's notice of appeal to

this court and to make a finding as to Relator's indigency and that we instruct the

clerk of the City of Cross Plains Municipal Court to transmit to Relator all responses

required by Article 2.21 of the Texas Code of Criminal Procedure. Attached to

Relator's petitions for writ of mandamus is a copy of a notice of appeal filed in the

municipal court in which Relator states that he is appealing Judge Gosnell's denial

of Relator's "Motion for Time Served and Affidavit of Indigency” in two different

cases.

2

This court's mandamus jurisdiction is governed by Section 22.221 of the

Texas Government Code. See TEX. GOV'T CODE ANN. § 22.221 (West Supp. 2020).

Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals

to (1) writs against a judge of a district or county court in the court of appeals'

district, (2) writs against a district judge acting as a magistrate in a court of inquiry

in the court of appeals' district, and (3) writs necessary to enforce the court of

appeals' jurisdiction. Id. We have no authority to issue a writ of mandamus against

a municipal court judge or a municipal court clerk unless it is necessary to enforce

our jurisdiction. See In re Chang, 176 S.W.3d 451, 452 (Tex. App.—Houston [1st

Dist.] 2004, orig. proceeding) (per curiam); see also In re Minfee, No. 04-12-00421-

CV, 2012 WL 3025953, at *1 (Tex. App.—San Antonio July 18, 2012, orig.

proceeding) (per curiam) (mem. op.) ("Thus, this court has no authority to issue a

writ of mandamus against a municipal court judge or municipal court clerk unless it

is necessary to enforce our jurisdiction.”).

A judgment or conviction in a municipal court may be appealed to the

appropriate county court in the county in which the municipality is located. See TEX.

CODE CRIM. PROC. ANN. § 4.08 (West 2015), § 45.042(a) (West 2018); Schinzing v.

State, 234 S.W.3d 208, 211 (Tex. App.—Waco 2007, no pet.). Because any notice

of appeal from Judge Gosnell's rulings must be filed in the county court of Callahan

County rather than this court, none of the relief requested by Relator is necessary to

protect this court's jurisdiction.

We dismiss the petitions for writ of mandamus for lack of jurisdiction.