In Re Tony Ramirez v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00295-CV

In re Tony Ramirez

ORIGINAL PROCEEDING FROM HAYS COUNTY

MEMORANDUM OPINION

Relator Tony Ramirez, an inmate with the Texas Department of Criminal Justice,

has filed a pro se petition for writ of mandamus naming as respondent “The State of Texas” and

directing respondent to dismiss criminal charges putatively pending against relator. We treat the

petition as directed against the District Attorney of Hays County, Texas, and dismiss the petition

for want of jurisdiction. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1.

This Court does not have mandamus jurisdiction over a district attorney. See

In re Jones, No. 06-03-00061-CV, 2003 WL 1985247, at *1 (Tex. App.—Texarkana

Apr. 30, 2003, orig. proceeding) (mem. op., not designated for publication); Roberts v. Lowry,

742 S.W.2d 747, 749 (Tex. App.—Houston [1st Dist.] 1987, no writ). By statute, this Court has

the authority 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” and other writs as

necessary to enforce our appellate jurisdiction. See Tex. Gov’t Code § 22.221. Thus, the

District Attorney of Hays County is not a party against whom we may issue a writ of mandamus
unless necessary to enforce our jurisdiction. Relator has not demonstrated that our jurisdiction is

implicated here. We therefore have no jurisdiction to grant relator the relief he seeks.

Accordingly, the petition is dismissed for want of jurisdiction.

__________________________________________
Karin Crump, Justice

Before Chief Justice Byrne, Justices Theofanis and Crump

Filed: April 3, 2026

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