Opinion
NO. 01-19-00246-CR
05-30-2019
IN RE ROBERT GLEN DAVIS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Robert Glenn Davis has filed a petition for writ of mandamus, asking that we order the court reporter to transcribe certain video recordings. We dismiss for lack of jurisdiction.
The underlying case is Robert Glen Davis v. State, cause number 903461, pending in the 184th District Court of Harris County, Texas, the Honorable Abigail Anastasio presiding.
By statute, an appellate court has the power to issue a writ of mandamus against a district or county court judge. See TEX. GOV'T CODE ANN. § 22.221(b). An appellate court may also issue a writ of mandamus to enforce its jurisdiction. See id. § 22.221(a); In re Smith, 263 S.W.3d 93, 95 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding).
But relator is not seeking a writ of mandamus against a county or district court judge. Instead, he is seeking mandamus relief against a court reporter. And, the actions by the court reporter that he is challenging do not concern a pending appeal in this court and thus do not concern enforcement of our jurisdiction. Accordingly, we have no jurisdiction to grant the relief relator seeks.
Relator's criminal conviction was affirmed in 2004. See Davis v. State, No. 01-03-00170-CR, 2004 WL 1404004 (Tex. App.—Houston [1st Dist.] June 24, 2004, pet. ref'd). No other proceedings or appeals are pending in this Court.
The petition is dismissed for lack of jurisdiction.
PER CURIAM Panel consists of Justices Keyes, Kelly, and Goodman. Do not publish. TEX. R. APP. P. 47.2(b).