in Re Ivan C. Frazier

IN THE TENTH COURT OF APPEALS No. 10-06-00416-CR In re Ivan C. Frazier Original Proceeding MEMORANDUM Opinion Ivan C. Frazier seeks a writ of mandamus compelling the judge of the County Criminal Court No. 1 of Dallas County to rule on his habeas application or forward it to the Court of Criminal Appeals.[1] However, Dallas County lies within the geographic boundaries of the Fifth Court of Appeals District rather than the Tenth Court of Appeals District. See Tex. Gov’t Code Ann. § 22.201(f), (k) (Vernon Supp. 2006). This Court’s mandamus jurisdiction only reaches judges within this Court’s geographic boundaries, except where “necessary to enforce the jurisdiction of the court.” Id. § 22.221(a), (b) (Vernon 2004); see In re Johnson, 135 S.W.3d 764, 764 (Tex. App.—Houston [1st Dist.] 2004, orig. proceeding) (per curiam). Respondent is not a judge within this Court’s geographic boundaries. The relief sought by Frazier is not “necessary to enforce the jurisdiction” of this Court. Accordingly, we dismiss the petition for want of jurisdiction without prejudice. See Johnson, 135 S.W.3d at 764. PER CURIAM Before Chief Justice Gray, Justice Vance, and Justice Reyna Petition dismissed Opinion delivered and filed January 17, 2007 Do not publish [OT06] [1] This Court affirmed Frazier’s Ellis County conviction for state-jail felony theft in an unpublished decision. See Frazier v. State, No. 10-99-00243-CR (Tex. App.—Waco Dec. 20, 2000, pet. dism’d, untimely filed). Frazier’s habeas application is an effort to have two Dallas County misdemeanor theft convictions which supported that conviction declared void.