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In re Martinez

Fourth Court of Appeals San Antonio, Texas
Apr 13, 2016
No. 04-16-00166-CR (Tex. App. Apr. 13, 2016)

Opinion

No. 04-16-00166-CR

04-13-2016

IN RE Robert MARTINEZ


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause No. 587693, styled The State of Texas v. Robert Martinez, pending in County Court at Law No. 5, Bexar County, Texas, the Honorable John A. Longoria presiding. --------

On March 29, 2016, relator Robert Martinez filed a pro se petition for writ of mandamus seeking an order from this court directing the clerk of the trial court to perform certain functions. However, 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) (West 2004). Relator seeks relief against the clerk of the court, not a district or county court judge and we conclude the requested writ is not necessary to enforce our jurisdiction in this instance. Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

In re Martinez

Fourth Court of Appeals San Antonio, Texas
Apr 13, 2016
No. 04-16-00166-CR (Tex. App. Apr. 13, 2016)
Case details for

In re Martinez

Case Details

Full title:IN RE Robert MARTINEZ

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 13, 2016

Citations

No. 04-16-00166-CR (Tex. App. Apr. 13, 2016)