Opinion
NO. 14-17-00960-CR
01-04-2018
IN RE RUDOLPH RESENDEZ, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
183rd District Court Harris County, Texas
Trial Court Cause No. 713148
MEMORANDUM OPINION
On December 12, 2017, relator Rudolph Resendez filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Clerk of the First Court of Appeals to provide to relator the price of the record in an appeal of the conviction of another person so that relator may purchase the record.
The First and Fourteenth Courts of Appeals have concurrent geographical jurisdiction. See Tex. Gov't. Code sec. 22.201(b), (o) (West Supp. 2017).
This court's mandamus jurisdiction is governed by Section 22.221 of the Texas Government Code. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Texas Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Texas Family Code in the court of appeals district for the judge who appointed the associate judge. Tex. Gov't Code Ann. § 22.221(b). The courts of appeals may also issue all writs necessary to enforce the court of appeals' jurisdiction. Id. § 22.221(a).
The Clerk of the First Court of Appeals is not one of the judges in this court's district specified in section 22.221(a). See id. § 22.221(a). Moreover, relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce our appellate jurisdiction. Therefore, we do not have jurisdiction to issue a writ of mandamus against the Clerk of the First Court of Appeals.
Accordingly, we dismiss relator's petition for writ of mandamus for lack of jurisdiction.
PER CURIAM Panel consists of Justices Boyce, Jamison, and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).