in Re: Alejandro D. Loza

• Court: Court of Appeals of Texas
• Decided: September 16, 2004
• Docket: 14-04-00848-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 16, 2004

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed September 16, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00848-CV

IN RE ALEJANDRO D. LOZA, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On September 1, 2004, relator filed a motion for leave to file a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his motion, which we interpret as his petition, relator seeks to have this court compel the Harris County District Clerk to furnish him a free copy of the record from his criminal conviction in cause number 807313 in the 182nd District Court for use in filing an application for a post-conviction writ of habeas corpus. 

First, we note relator has failed to comply with Texas Rule of Appellate Procedure 52.  Moreover, we lack jurisdiction to grant the relief relator requests.  Our mandamus jurisdiction is limited.  By statute, we have authority to issue a writ of mandamus against a judge of a district or county court in our court of appeals district and other writs as necessary to enforce our appellate jurisdiction.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004).  For a district clerk to fall within our jurisdictional reach, relator must establish that the issuance of the writ of mandamus is necessary to enforce our jurisdiction.  See In re Coronado, 980 S.W.2d 691, 692‑93 (Tex. App.CSan Antonio 1998, orig. proceeding).  We have no jurisdiction over original proceedings regarding relator=s final conviction..  Only the Texas Court of Criminal Appeals has jurisdiction over habeas corpus proceedings after final felony convictions.  See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07, ' 3 (Vernon Supp. 2004). 

Accordingly, we dismissrelator=s petition for writ of mandamus.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed September 16, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.