Opinion
No. 04-06-00019-CV
Delivered and Filed: February 8, 2006.
This proceeding arises out of Cause Nos. 98-10-06114-CR; 99-04-06318-CR 99-04-06319-CR, styled The State of Texas v. Gilbert Rodriguez, pending in the 79th Judicial District Court, Brooks County, Texas, the Honorable Richard Terrell presiding.
Petition for Writ of Mandamus Denied As Moot.
Sitting: Catherine STONE, Justice, Karen ANGELINI, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On January 6, 2006, Gilberto Rodriguez filed a petition for writ of mandamus seeking mandamus relief from the district clerk's failure to file various documents. This court does not have jurisdiction to issue a writ of mandamus against a district clerk unless it is necessary to enforce this court's jurisdiction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); In re Lann, 2004 WL 1881751, at *1 (Tex.App.-San Antonio, August 25, 2004, orig. proceeding); In re Dunn, 120 S.W.3d 913, 913 (Tex.App.-Texarkana 2003, orig. proceeding).
In the petition, Rodriguez referred to various pending criminal matters in which Jose Ramon Falco was appointed to represent him. Rodriguez attached to the petition a letter from the State Bar of Texas stating that Falco died on September 17, 2004. In the interest of justice, this court inquired about the status of the pending criminal matters. On February 1, 2006, the trial court clerk faxed to this court orders signed by the trial court granting the State's motion to dismiss the motion for adjudication of guilt in cause numbers 98-10-06114-CR, 99-04-06318, and 99-04-06319-CR. Accordingly, Rodriguez's petition for writ of mandamus is denied as moot.