Opinion

in Re Jeremy Robinson

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Dec 9, 2010
Status
Published
Cited by
0 cases
Authority
More cited than 35.3%

The opinion

Opinion issued December 9, 2010

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-10-00910-CR

———————————

IN RE Jeremy Steven Robinson , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator

Jeremy Steven Robinson has petitioned this Court for a writ of mandamus,

complaining that he has not been provided copies of all transcripts, pleadings,

and other documents and materials relating to his final conviction in case

number 984059 in the 228th District Court of Harris County. * The petition names the following

respondents: Attorney General Greg

Abbott, Harris County District Attorney Patricia R. Lykos and three other

attorneys in her office; former Director of the Texas Department of Criminal

Justice Correctional Institutions Division Nathaniel Quarterman; and former

Harris County Sheriff Tommy Thomas.

This

Court’s mandamus jurisdiction is governed by the Texas Government Code. Section 22.221(b) expressly limits the

mandamus jurisdiction of the courts of appeals to: (1) writs necessary to enforce the jurisdiction

of the court of appeals and (2) writs against specified district or county

court judges in the court of appeals district.

Tex. Gov’t Code Ann . §

22.221(b) (Vernon 2004).

We have no jurisdiction to issue a

writ of mandamus against the Texas Attorney General, a district attorney, a

prison administrator, or a sheriff unless necessary to enforce our

jurisdiction. See id; see also In re Washington , 7 S.W.3d 181, 182 (Tex. App.—Houston

[1st Dist.] 1999, orig. proceeding). Robinson’s

petition relates to post-conviction relief from an otherwise final felony

conviction, and therefore the requested relief is not necessary to enforce our

jurisdiction.

Accordingly, we dismiss Robinson’s

petition for writ of mandamus.

Per Curiam

Panel

consists of Chief Justice Radack and Justices Massengale and Brown.

Do

not publish. Tex. R. App. P. 47.2(b).

*

A

jury convicted Robinson of

felony murder and assessed punishment at life in prison and a fine of

$10,000. See Tex. Pen. Code Ann .

§ 19.02(b)(3) (Vernon 2003). This Court

affirmed Robinson ’s conviction,

and the Texas Court of Criminal Appeals refused his petition for discretionary

review. See Robinson v. State , 236 S.W.3d 260 (Tex. App.—Houston [1st

Dist.] 2007, pet. ref’d).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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