The opinion
Opinion issued May 26, 2006
In The
Court of Appeals
For The
First District of Texas
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NO. 01-05-00977-CR
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IN RE LOUIS ALFREDO GUITIERREZ, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Louis Alfredo Guitierrez, filed in this Court a pro se petition for writ
of mandamus, asking that we order respondent
to provide him with a copy of the
clerk’s record, statement of facts, and motions on pre-trial matters for trial court cause
numbers 9401460 and 9491461. We deny the petition.
We have no jurisdiction to issue a writ of mandamus against a district clerk
unless such is necessary to enforce our jurisdiction. See In re Coronado , 980 S.W.2d
691, 692 (Tex. App.—San Antonio 1998, orig. proceeding); Summit Savings Ass'n
v. Garcia , 727 S.W.2d 106, 107 (Tex. App.—San Antonio 1987, orig. proceeding).
Relator seeks the documents in question from the district clerk to proceed with a post
conviction “collateral attack” on the cases he was convicted of in 1995. We have no
jurisdiction over post-conviction writs of habeas corpus in felony cases. See Board
of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District , 910
S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07,
§ 3 (Vernon Supp. 2005). Therefore, because the matter raised in relator's petition
does not affect our jurisdiction, we must deny the petition.
The petition for writ of mandamus is denied .
It is so ORDERED .
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Taft and Nuchia.
Do not publish. Tex. R. App. P. 47.2(b).