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In re Sefiane

Court of Appeals Ninth District of Texas at Beaumont
Nov 20, 2019
NO. 09-19-00418-CR (Tex. App. Nov. 20, 2019)

Opinion

NO. 09-19-00418-CR

11-20-2019

IN RE SAMAD SEFIANE


Original Proceeding 252nd District Court of Jefferson County, Texas
Trial Cause No. 17-27943

MEMORANDUM OPINION

In a petition asking this Court to issue a writ of mandamus, Samad Sefiane complains that Jamie Smith, the Jefferson County District Clerk, failed to timely transmit documents Sefiane filed with the District Clerk in trial court cause number 17-27943 to the Texas Court of Criminal Appeals. See Tex. R. App. P. 52. See generally Tex. Code Crim. Proc. Ann. art. 11.07, § 3. We dismiss the petition.

Intermediate courts of appeal do not have jurisdiction to command actions to be taken by a district clerk unless the party making the request shows that issuing a writ is necessary to enforce the appellate court's jurisdiction over an appeal. See Tex. Gov't Code Ann. § 22.221(a), (b) (Supp.). Sefiane did not do so here. Accordingly, we dismiss Sefiane's petition for lack of jurisdiction.

PETITION DISMISSED.

PER CURIAM Submitted on November 19, 2019
Opinion Delivered November 20, 2019
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

In re Sefiane

Court of Appeals Ninth District of Texas at Beaumont
Nov 20, 2019
NO. 09-19-00418-CR (Tex. App. Nov. 20, 2019)
Case details for

In re Sefiane

Case Details

Full title:IN RE SAMAD SEFIANE

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 20, 2019

Citations

NO. 09-19-00418-CR (Tex. App. Nov. 20, 2019)