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In re Lara

Fourth Court of Appeals San Antonio, Texas
Jun 3, 2015
No. 04-15-00301-CR (Tex. App. Jun. 3, 2015)

Opinion

No. 04-15-00301-CR

06-03-2015

IN RE Israel LARA Jr.


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Jason Pulliam, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause No. 11-1327-CR, styled The State of Texas v. Israel Lara, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable Dwight E. Peschel presiding.

On May 13, 2015, relator Israel Lara Jr. filed a petition for writ of mandamus seeking an order from this court directing the district clerk to transmit his motion for judgment nunc pro tunc to the convicting court. However, this court does not have jurisdiction to grant the requested relief. By statute, this court has the authority to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district" and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (West 2004). We conclude the writ requested is not necessary to enforce our jurisdiction. Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

In re Lara

Fourth Court of Appeals San Antonio, Texas
Jun 3, 2015
No. 04-15-00301-CR (Tex. App. Jun. 3, 2015)
Case details for

In re Lara

Case Details

Full title:IN RE Israel LARA Jr.

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 3, 2015

Citations

No. 04-15-00301-CR (Tex. App. Jun. 3, 2015)