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In re Torres

Court of Appeals For The First District of Texas
Jan 19, 2012
NO. 01-11-01128-CR (Tex. App. Jan. 19, 2012)

Opinion

NO. 01-11-01128-CR

01-19-2012

IN RE EUSEBIO TORRES, Relator


Original Proceeding on Petition for Writ of Mandamus


MEMORANDUM OPINION

Relator Eusebio Torres has petitioned this Court for a writ of mandamus, complaining that the Harris County District Clerk refuses to provide him with copies of the evidence presented in the underlying case.

Relator has identified the underlying case as State v. Torres, No. 12720700, in the 248th District Court of Harris County, Texas, the Honorable Joan Campbell presiding.

This Court's mandamus jurisdiction is governed by the Texas Government Code. Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs necessary to enforce the jurisdiction of the courts of appeals and (2) writs against specified district or county court judges in the court of appeals' districts. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (West 2004). We have no jurisdiction to issue a writ of mandamus against a district clerk unless necessary to enforce our jurisdiction. See In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1991, orig. proceeding). Because relator's petition does not raise any threat to our jurisdiction, we dismiss the petition for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

In re Torres

Court of Appeals For The First District of Texas
Jan 19, 2012
NO. 01-11-01128-CR (Tex. App. Jan. 19, 2012)
Case details for

In re Torres

Case Details

Full title:IN RE EUSEBIO TORRES, Relator

Court:Court of Appeals For The First District of Texas

Date published: Jan 19, 2012

Citations

NO. 01-11-01128-CR (Tex. App. Jan. 19, 2012)