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In re Corvera

Fourth Court of Appeals San Antonio, Texas
Aug 23, 2017
No. 04-17-00518-CR (Tex. App. Aug. 23, 2017)

Opinion

No. 04-17-00518-CR

08-23-2017

IN RE Roberto D. CORVERA


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause No. 544976, styled State of Texas v. Roberto D. Corvera, pending in the County Court at Law No. 2, Bexar County, Texas, the Honorable Jason Wolff presiding.

On August 14, 2017, Relator filed a petition for writ of mandamus seeking a mandamus directed against the judge of County Court at Law Number Two of Bexar County, Texas. This court is without jurisdiction to grant the requested relief. See Powell v. Hocker, 516 S.W.3d 488, 494 (Tex. Crim. App. 2017) (holding intermediate courts of appeals in Texas do not have jurisdiction to issue writs of mandamus against statutory county courts). Accordingly, Relator's petition for writ of mandamus is dismissed for lack of jurisdiction.

The Texas State Legislature has amended the Texas Government Code to extend the mandamus jurisdiction of the intermediate courts to statutory county and statutory probate courts; however, that amendment does not take effect until September 1, 2017. See Act of May 28, 2017, 85th Leg., R.S., S.B. 1233 (to be codified as an amendment to Tex. Gov't. Code § 22.221).

PER CURIAM DO NOT PUBLISH


Summaries of

In re Corvera

Fourth Court of Appeals San Antonio, Texas
Aug 23, 2017
No. 04-17-00518-CR (Tex. App. Aug. 23, 2017)
Case details for

In re Corvera

Case Details

Full title:IN RE Roberto D. CORVERA

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 23, 2017

Citations

No. 04-17-00518-CR (Tex. App. Aug. 23, 2017)