Opinion

in Re Eusebio Torres

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jan 19, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued January 19, 2012.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-01128-CR

———————————

In re Eusebio Torres , Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Eusebio Torres has petitioned

this Court for a writ of mandamus, complaining that the Harris County District

Clerk refuses to provide him with copies of the evidence presented in the

underlying case. [1]

This

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

jurisdiction of the courts of appeals to:

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

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

appeals’ districts. See Tex. Gov’t Code Ann .

§ 22.221(a), (b) (West 2004). We have no

jurisdiction to issue a writ of mandamus against a district clerk unless

necessary to enforce our jurisdiction. See In re Washington , 7 S.W.3d 181, 182

(Tex. App.—Houston [1st Dist.] 1991, orig. proceeding). Because relator’s petition does not raise any

threat to our jurisdiction, we dismiss the petition for want of jurisdiction.

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Higley and Brown.

Do

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

[1]

Relator has identified the

underlying case as State v. Torres ,

No. 12720700, in the 248th District Court of Harris County, Texas, the

Honorable Joan Campbell presiding.

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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