IN RE: ANTWAIN JAMAR TUTSON

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Court of Appeals of Texas, Amarillo.

IN RE: ANTWAIN JAMAR TUTSON, RELATOR

No. 07-17-00405-CV

Decided: November 07, 2017

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

CONCURRING OPINION

I concur in the Court's judgment and join in its opinion because I read the opinion to construe relator Tutson's pending motions in the trial court to be the equivalent of a pending habeas corpus application under Article 11.07 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2017). In that circumstance, I agree with the majority that we lack jurisdiction over his petition for mandamus. See Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

James T. Campbell Justice