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In re Wilkerson

Court of Appeals Fifth District of Texas at Dallas
Oct 16, 2017
No. 05-17-01169-CV (Tex. App. Oct. 16, 2017)

Opinion

No. 05-17-01169-CV No. 05-17-01170-CV

10-16-2017

IN RE SENRICK SHERN WILKERSON, Relator


Original Proceeding from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause Nos. F10-01183 and F10-01184

MEMORANDUM OPINION

Before Justices Lang, Brown, and Stoddart
Opinion by Justice Stoddart

Before the Court is relator's October 2, 2017 "petition for nunc pro tunc and order," which we construe as a petition for writ of mandamus. In this original proceeding, relator asks this Court to issue a writ directing the Dallas Police Department to send copies of the original arrest reports in the underlying trial court cause numbers to this Court and the district court.

This Court does not have jurisdiction to issue a writ of mandamus against the Dallas Police Department unless it is necessary to enforce our own jurisdiction. TEX. GOV'T CODE § 22.221(a) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Relator has no appeal pending in this Court and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator's October 2, 2017 "petition for nunc pro tunc and order" for want of jurisdiction.

/s/Craig Stoddart/

CRAIG STODDART

JUSTICE 171169F.P05


Summaries of

In re Wilkerson

Court of Appeals Fifth District of Texas at Dallas
Oct 16, 2017
No. 05-17-01169-CV (Tex. App. Oct. 16, 2017)
Case details for

In re Wilkerson

Case Details

Full title:IN RE SENRICK SHERN WILKERSON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 16, 2017

Citations

No. 05-17-01169-CV (Tex. App. Oct. 16, 2017)