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In re Harrison

State of Texas in the Fourteenth Court of Appeals
Feb 6, 2018
NO. 14-18-00040-CR (Tex. App. Feb. 6, 2018)

Opinion

NO. 14-18-00040-CR

02-06-2018

IN RE LEON HARRISON, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
230th District Court Harris County, Texas
Trial Court Cause No. 635921

MEMORANDUM OPINION

On January 22, 2018, relator Leon Harrison filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Brad Hart, presiding judge of the 230th District Court of Harris County, and the clerk of the 230th District Court to provide him with the complete appellate record in his pending appeal.

Relator has an appeal from the denial of a motion for DNA testing pending in this court in cause number 14-16-00995-CR. Relator's court-appointed attorney filed an Anders brief, in which he concluded that the appeal is frivolous and lacks merit. Relator notified the court of his intent to file a pro se response to the brief.

Relator filed a "Motion to Show Course of Performance Under Perjury" in his pending appeal, and complains that he does not have the complete record. On February 1, 2018, we issued an order denying relator's motion and advising him that he has a copy of the record in his pending appeal. Therefore, relator's request for relief is moot.

We further do not have jurisdiction to issue a writ of mandamus against the clerk of the 230th District Court because the clerk is not one of the parties specified in Section 22.221(b) of the Texas Government against whom we many issue a writ. See Tex. Gov't Code Ann. § 22.221(b). Nor is it necessary to issue a writ against the clerk to enforce our appellate jurisdiction. See id. § 22.221(a).

Accordingly, we dismiss relator's petition for writ of mandamus for lack of jurisdiction.

PER CURIAM Panel consists of Justices Boyce, Jamison, and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

In re Harrison

State of Texas in the Fourteenth Court of Appeals
Feb 6, 2018
NO. 14-18-00040-CR (Tex. App. Feb. 6, 2018)
Case details for

In re Harrison

Case Details

Full title:IN RE LEON HARRISON, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 6, 2018

Citations

NO. 14-18-00040-CR (Tex. App. Feb. 6, 2018)