Opinion
No. 05-06-01728-CV
Opinion issued January 11, 2007.
Original Proceeding from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause Nos. F01-73042, F01-73043, F01-73324, F01-73325, F01-73326, F01-73327, F01-73328, F01-73329, F01-73330, F01-73331, F01-73332, F01-73233, F01-73335, F01-73336, F01-73847, F01-73848, and F01-73334.
Before Justices WHITTINGTON, FITZGERALD, and LANG-MIERS Opinion by Justice WHITTINGTON.
MEMORANDUM OPINION
Relator seeks mandamus relief to compel the trial court to rule on an October 26, 2006 motion for new trial regarding his 2001 convictions for aggravated sexual assault of a child and indecency with a child. On February 10, 2003, this Court dismissed relator's direct appeal because the notices of appeal were untimely. See Marcos v. State, Nos. 05-03-00167-CR thru 05-03-00183-CR (Tex.App.-Dallas Feb. 10, 2003, no pet.) (not designated for publication). We do not have jurisdiction to grant post-conviction relief. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding); In re McFee, 53 S.W3d 715, 717 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding).
Additionally, relator seeks mandamus relief to compel the district clerk to provide him a file marked copy of his October 26, 2006 motion for new trial. We do not have jurisdiction to issue a writ of mandamus against a district clerk unless it is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); In re Washington, 7 S.W.3d 181, 182 (Tex.App.-Houston [1st Dist.] 1999, orig. proceeding).
Accordingly, we DISMISS the relator's petition for writ of mandamus for want of jurisdiction.