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In re Padilla

Fourth Court of Appeals San Antonio, Texas
Jun 3, 2015
No. 04-15-00308-CR (Tex. App. Jun. 3, 2015)

Opinion

No. 04-15-00308-CR

06-03-2015

IN RE Richard A. PADILLA


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Marialyn Barnard, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause Nos. 2007CR4263 and 2007CR4264, styled The State of Texas v. Richard A. Padilla, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Ray Olivarri presiding.

On May 18, 2015, relator Richard A. Padilla filed a petition for writ of mandamus seeking an order from this court directing the district clerk to transmit his application for writ of habeas corpus and the accompanying documents to the Texas Court of Criminal Appeals. 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). We conclude the writ requested is not necessary to enforce our jurisdiction. Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

In re Padilla

Fourth Court of Appeals San Antonio, Texas
Jun 3, 2015
No. 04-15-00308-CR (Tex. App. Jun. 3, 2015)
Case details for

In re Padilla

Case Details

Full title:IN RE Richard A. PADILLA

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 3, 2015

Citations

No. 04-15-00308-CR (Tex. App. Jun. 3, 2015)