Opinion
No. 04-05-00568-CV
Delivered and Filed: August 24, 2005.
This proceeding arises out of Cause No. 1998-CR-6320, styled State of Texas v. Edward M. Johnson, pending in the 144th Judicial District, Bexar County, Texas, the Honorable Mark R. Luitjen presiding.
Petitioner's Writ of Mandamus Is Denied.
Sitting: Catherine STONE, Justice, Karen ANGELINI, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
Edward Johnson filed a pro se petition for writ of mandamus asking this court to order the district clerk to prepare and send a full and complete duplicate copy of the reporter's record in Cause No. 1998-CR-6320 to Appellant. This court does not have jurisdiction to issue a writ of mandamus against a district clerk unless such writ is necessary to enforce our jurisdiction. In re Colorado, 980 S.W.2d 691, 692 (Tex.App.-San Antonio 1998, orig. proceeding).
Furthermore, there is not appeal pending before this court and therefore this court does not have jurisdiction over the underlying cause about which Appellant's complains. See Tex.R.App.P. 19. On March 2, 2005, this court affirmed the trial court in Johnson v. State, 2005 WL 471193, Tex. App.-San Antonio 2005, not writ). The mandate was subsequently issued on May 5, 2005. Edwards has failed to bring forward evidence that the writ he is requesting is necessary to enforce our jurisdiction, nor has he provided a record that would support such an argument. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (holding relator has burden of providing a sufficient record to establish right to mandamus relief). Accordingly, Edward's petition for writ of mandamus is denied.