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in Re Brett David Bogus
Citation: Not availableDocket: 14-22-00269-CR
Court: Court of Appeals of Texas; July 14, 2022; Texas; State Appellate Court
Original Court Document: View Document
Brett David Bogus filed a petition for a writ of mandamus on April 13, 2022, challenging a twenty-year sentence imposed by the 176th District Court on August 28, 2015. He claimed the sentence was unauthorized and illegal, referencing a previous case where similar issues were discussed. The court clarified that while appellate courts have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals can grant relief in post-conviction habeas corpus proceedings. Bogus's complaints were deemed matters that should have been addressed in a habeas corpus application to the Texas Court of Criminal Appeals under Article 11.07 of the Texas Code of Criminal Procedure. Consequently, the court dismissed the petition for lack of jurisdiction and did not consider any procedural deficiencies in the petition. The decision was made by a panel consisting of Justices Wise, Bourliot, and Spain, and was marked "Do Not Publish."