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In re Szalla

Court of Appeals of Texas, Seventh District, Amarillo
Nov 3, 2021
No. 07-21-00272-CR (Tex. App. Nov. 3, 2021)

Opinion

07-21-00272-CR

11-03-2021

IN RE JUSTIN HAROLD SZALLA, RELATOR


Do not publish.

ORIGINAL PROCEEDING

Before QUINN, C.J., and PIRTLE and DOSS, JJ.

MEMORANDUM OPINION

PER CURIAM

Relator Justin Harold Szalla, proceeding pro se, seeks a writ of mandamus to compel the District Clerk of Hansford County to transmit his application for a writ of habeas corpus to the Court of Criminal Appeals pursuant to article 11.07 of the Code of Criminal Procedure. We dismiss this proceeding for want of jurisdiction.

We have authority to issue writs of mandamus against a judge of a district or county court in our district and all writs necessary to enforce our jurisdiction. Tex. Gov't Code Ann. § 22.221(a), (b). Thus, for a district clerk to fall within our jurisdictional reach it must be established that the issuance of a writ of mandamus is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App.-San Antonio 1998, orig. proceeding) (per curiam). Relator does not have an appeal pending in this Court nor has he demonstrated that the exercise of our mandamus authority against the Hansford County District Clerk is necessary to enforce our jurisdiction. Consequently, we have no authority to issue the requested writ of mandamus.

Relator's petition is, therefore, dismissed for want of jurisdiction.


Summaries of

In re Szalla

Court of Appeals of Texas, Seventh District, Amarillo
Nov 3, 2021
No. 07-21-00272-CR (Tex. App. Nov. 3, 2021)
Case details for

In re Szalla

Case Details

Full title:IN RE JUSTIN HAROLD SZALLA, RELATOR

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Nov 3, 2021

Citations

No. 07-21-00272-CR (Tex. App. Nov. 3, 2021)