Opinion
14-24-00912-CR 14-24-00913-CR
12-17-2024
IN RE CHARLES DARNELL SMITH, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS 183rd District Court Harris County, Texas Trial Court Cause Nos. 1387265 and 1466203
Panel consists of Justices Wise, Jewell, and Poissant.
MEMORANDUM OPINION
PER CURIAM
On November 27, 2024, relator Charles Darnell Smith filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the respondent, his former criminal defense counsel, to turn over relator's case file.
Relator identifies the respondent as Calvin D. Parks, attorney at law. The underlying case is The State of Texas v. Charles Darnell Smith, Cause Nos. 1387265 and 1466203, from the 183rd District Court of Harris County, Texas.
We do not have jurisdiction to issue a writ of mandamus directed at relator's former counsel because the requested writ neither is against a judge nor is necessary to enforce our appellate jurisdiction. See Tex. Gov't Code Ann. §§ 22.221(a), (b); see In re Beachum, No. 05-20-00946-CV, 202 WL 7022376, at *1 (Tex. App.-Dallas Nov. 30, 2020, orig. proceeding) (mem. op.) (dismissing for want of jurisdiction mandamus petition seeking to force former criminal defense counsel to turn over case file); In re Conway, No. 01-14-00612-CR, 2014 WL 4589849, at *1 (Tex. App.-Houston [1st Dist.] Sept. 16, 2014, orig. proceeding) (mem. op.) (same).
Accordingly, relator's petition for writ of mandamus is dismissed for want of jurisdiction.