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In re Guerra

State of Texas in the Fourteenth Court of Appeals
May 20, 2021
NO. 14-21-00250-CR (Tex. App. May. 20, 2021)

Opinion

NO. 14-21-00250-CR

05-20-2021

IN RE EDWARD AHISAMAE GUERRA, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
230th District Court Harris County, Texas
Trial Court Cause No. 1526245-A

MEMORANDUM OPINION

On May 12, 2021, relator Edward Ahisamae Guerra filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel Marilyn Burgess, Harris County District Clerk, to transmit copy of a certain affidavit to the Texas Court of Criminal Appeals.

This court's mandamus jurisdiction is governed by section 22.221 of the Government Code. A court of appeals may issue writs of mandamus against (1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52 of the Code of Criminal Procedure in the court of appeals district; or (3) an associate judge of a district or county court appointed by a judge under Chapter 201 of the Family Code in the court of appeals district for the judge who appointed the associate judge. Tex. Gov't Code Ann. § 22.221(b). The courts of appeals also may issue all writs necessary to enforce the court of appeals' jurisdiction. Id. § 22.221(a).

The Harris County District Clerk is not among the parties specified section 22.221(b). See id. § 22.221(b). Moreover, relator has not shown that the issuance of a writ compelling the requested relief is necessary to enforce our appellate jurisdiction. See id. § 22.221(a). Therefore, we lack jurisdiction to issue a writ of mandamus against the Harris County District Clerk.

Accordingly, relator's petition is dismissed for want of jurisdiction.

PER CURIAM Panel consists of Justices Wise, Jewell, and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

In re Guerra

State of Texas in the Fourteenth Court of Appeals
May 20, 2021
NO. 14-21-00250-CR (Tex. App. May. 20, 2021)
Case details for

In re Guerra

Case Details

Full title:IN RE EDWARD AHISAMAE GUERRA, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 20, 2021

Citations

NO. 14-21-00250-CR (Tex. App. May. 20, 2021)