Opinion
No. 04-09-00518-CR
Delivered and Filed: August 31, 2009. DO NOT PUBLISH.
Original Mandamus Proceeding. Petition for Writ of Mandamus Dismissed for Lack of Jurisdiction.
This proceeding arises out of Cause Nos. 2008-CR-1186 and 2008-CR-1187, styled State of Texas v. JoseAlberto Gutierrez, in the 290th Judicial District Court, Bexar County, Texas, the Honorable Sharon Mcrae presiding.
Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
On August 19, 2009, relator Jose Alberto Gutierrez filed a petition for writ of mandamus, seeking to compel the District Clerk of Bexar County to provide him copies of various records pursuant to the "Texas Open Records Act." We conclude this court does not have jurisdiction to grant the requested relief. By statute, this court has the authority to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district" and other writs as necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (Vernon 2004). Therefore, we have no mandamus jurisdiction over a district clerk unless the issuance of the writ is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding). Relator has failed to establish the writ he is requesting is necessary to enforce our jurisdiction. Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.