Opinion
No. 04-08-00589-CR
Delivered and Filed: August 27, 2008. DO NOT PUBLISH.
Relator seeks a writ of mandamus to compel Margaret Montemayor, District Clerk of Bexar County, to provide him with a copy of his records in cause No. 94-CR-5424.
Sitting: Alma L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
Jorge I. Quiroz filed a petition for writ of mandamus seeking to compel the District Clerk of Bexar County to provide him with a copy of the records from his criminal conviction for use in pursuing post-conviction remedies. This court has no mandamus jurisdiction over district clerks unless the issuance of the writ is necessary to enforce our jurisdiction. In re O'Brian, No. 04-04-00453-CV, 2004 WL 1562148, at *1 (Tex.App.-San Antonio July 14, 2004, orig. proceeding) (mem. op.); In re Coronado, 980 S.W.2d 691, 692 (Tex.App.-San Antonio 1998, orig. proceeding). Because we have no jurisdiction over post-conviction writs of habeas corpus in felony cases, the district clerk's alleged refusal to provide Quiroz with a copy of his records does not affect our jurisdiction. In re O'Brian, 2004 WL 1562148, at *1; In re Coronado, 980 S.W.2d at 692; Tex. Code Crim. Proc. art. 11.07. Accordingly, Quiroz's petition for writ of mandamus is dismissed for lack of jurisdiction.