Opinion
No. 01-03-01022-CV.
Opinion issued October 9, 2003.
Original Proceeding on Petition for Writ of Mandamus.
For Appellant: Paul Phillip Hall, TDC #759485, William G. McConnell Unit, 3001 South Emily Drive, Beeville, TX 78102.
For Appellee: Charles Bacarisse, Dist. Clerk — Harris County, P.O. Box 4651, Houston, TX 77210.
Panel consists of Justices HEDGES, NUCHIA, and HIGLEY.
MEMORANDUM OPINION
Relator requests that this Court compel the Harris County District Clerk to provide him with the record from his 1995 aggravated assault conviction in cause number 694384 in the 180th District Court of Harris County. We deny the petition.
We have jurisdiction to issue writs of mandamus against a district court judge or county court judge in our district, and we may issue all writs necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a) (Vernon 1988), § 22.221(b) (Vernon Supp. 2003). Thus, we have jurisdiction to issue a writ of mandamus against a district clerk only if such is necessary to enforce our jurisdiction. See In re Coronado, 980 S.W.2d 691, 692 (Tex.App.-San Antonio 1998, orig. proceeding); Summit Savings Ass'n v. Garcia, 727 S.W.2d 106, 107 (Tex.App.-San Antonio 1987, orig. proceeding).
According to his petition, relator seeks the record from the district clerk to file a post-conviction habeas corpus action under article 11.07 of the Texas Code of Criminal Procedure. We have no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Board of Pardons Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995); In re Coronado, 980 S.W.2d at 692; Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2003). Therefore, because the matter raised in the petition does not affect our jurisdiction, it must be denied.
Relator's conviction in cause number 694384 was final with the issuance of this Court's mandate of affirmance in cause number 01-95-01347-CR on October 31, 1997.
The petition for writ of mandamus is denied.