In re Wilkerson

Full title: IN RE SENRICK WILKERSON, Relator

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 22, 2016

No. 05-16-00715-CV (Tex. App. Jun. 22, 2016)

Opinion

No. 05-16-00715-CV No. 05-16-00716-CV

06-22-2016

IN RE SENRICK WILKERSON, Relator

Opinion by Justice Schenck

Original Proceeding from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause Nos. F-10-01183-J and F-10-01184-J

MEMORANDUM OPINION

Before Justices Bridges, Myers, and Schenck
Opinion by Justice Schenck

In this petition for writ of mandamus, relator requests that we order the Dallas County district clerk's office to forward a copy of each of the following to this Court: (1) the arrest records from cause numbers F10-01183 and F10-01184, (2) the last motion for judgment nunc pro tunc filed by Mr. Wilkerson, and (3) the last "petition for DNA testing" filed by Mr. Wilkerson.

We do not have mandamus jurisdiction over a district clerk unless the clerk is interfering with our appellate jurisdiction. TEX. GOV'T CODE § 22.221(a)-(b) (West 2004) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Wilkerson, 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Accordingly, we dismiss the petition for want of jurisdiction.

/s/ David J. Schenck

DAVID J. SCHENCK

JUSTICE 160715F.P05