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In re Granger

Court of Appeals of Texas, Ninth District, Beaumont
Jul 26, 2007
No. 09-07-347 CV (Tex. App. Jul. 26, 2007)

Opinion

No. 09-07-347 CV.

Opinion Delivered July 26, 2007.

Original Proceeding.

Before McKeithen, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


Allen James Granger petitions for a writ of mandamus to compel the trial court to withdraw orders entered in his criminal case after June 7, 2007, the date Granger contends the clerk's record was filed and the trial court lost jurisdiction. Granger's petition does not identify any orders entered by the trial court after this Court obtained jurisdiction of the case. Granger does have an ordinary appeal that is currently pending in this Court in Cause No. 09-07-342 CR. Therefore, Granger has not shown that he is entitled to the relief sought in his petition. See generally State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex.Crim.App. 2001) (To obtain mandamus relief in a criminal matter, the relator must show that he has no other adequate remedy at law to address the alleged error and that the act the relator seeks to compel is ministerial.). The petition for writ of mandamus, filed July 6, 2007, is denied.

The clerk's record has not been filed in his appeal. Granger also previously filed a separate notice of appeal from an order denying a pretrial writ of habeas corpus. In a separate opinion, we have dismissed that appeal for lack of jurisdiction without a clerk's record being filed.

WRIT DENIED.


Summaries of

In re Granger

Court of Appeals of Texas, Ninth District, Beaumont
Jul 26, 2007
No. 09-07-347 CV (Tex. App. Jul. 26, 2007)
Case details for

In re Granger

Case Details

Full title:IN RE ALLEN JAMES GRANGER

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jul 26, 2007

Citations

No. 09-07-347 CV (Tex. App. Jul. 26, 2007)