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In re Zuniga

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Oct 23, 2008
No. 13-08-00591-CR (Tex. App. Oct. 23, 2008)

Opinion

No. 13-08-00591-CR

Memorandum Opinion delivered and filed October 23, 2008. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Petition for Writ of Mandamus.

Before Justices YAÑEZ, GARZA, and VELA.


MEMORANDUM OPINION

See TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions), 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so.").


Relator, Pablo Zuniga, pro se, filed a petition for writ of mandamus on October 17, 2008, asking that this Court compel the District Clerk of Hidalgo County to provide to him a copy of the Pre-Sentence Investigation report used at relator's criminal trial. We conclude that we do not have jurisdiction to grant the requested relief. This Court does not have mandamus jurisdiction over district clerks unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b) (Vernon 2004); In re Coronado, 980 S.W.2d 691, 692 (Tex.App.-San Antonio 1998, orig. proceeding); see also In re Nubine, No. 13-08-507-CV, 2008 Tex. App. LEXIS 6534, *1 (Tex.App.-Corpus Christi Aug. 27, 2008, orig. proceeding). Relator has neither alleged nor shown that issuance of the writ is necessary to enforce our jurisdiction. Accordingly, the petition for writ of mandamus is hereby DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 52.8(a).


Summaries of

In re Zuniga

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Oct 23, 2008
No. 13-08-00591-CR (Tex. App. Oct. 23, 2008)
Case details for

In re Zuniga

Case Details

Full title:IN RE: PABLO ZUNIGA

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Oct 23, 2008

Citations

No. 13-08-00591-CR (Tex. App. Oct. 23, 2008)