in Re Cesar Calderon, Relator

• Court: Court of Appeals of Texas
• Decided: July 14, 2010
• Docket: 04-10-00480-CR
• Status: Published

Opinion

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MEMORANDUM OPINION

No. 04-10-00480-CR

IN RE Cesar CALDERON

Original Mandamus Proceeding1

PER CURIAM

Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice

Delivered and Filed: July 14, 2010

PETITION FOR WRIT OF INJUNCTION DISMISSED FOR LACK OF JURISDICTION

On June 28, 2010, relator Cesar Calderon filed a petition entitled “Motion for Injunctive

Relief and a Motion to Compel,” which we construe as a petition for writ of injunction. Relator

complains the justice court has failed to adjudicate and/or dismiss four charges against him.

By statute, this court only has the authority to issue a writ against a “judge of a district or

county court in the court of appeals district” and other writs as necessary to enforce our appellate

jurisdiction. See TEX . GOV ’T CODE ANN . § 22.221(a)-(b) (Vernon 2004). Therefore, we have no

mandamus jurisdiction over a justice of the peace unless the issuance of the writ is necessary to

enforce our jurisdiction. We conclude the writ relator is requesting is not necessary to enforce our

1 … This proceeding arises out of Cause Nos. 2006-075685, 2006-076219, 2007-082159, 2008-083333, in the Justice of the Peace, Kinney County, Texas, the Honorable Narce D. Villareal presiding. 04-10-00480-CR

jurisdiction. Accordingly, relator’s petition for writ of injunction is DISMISSED FOR LACK OF

JURISDICTION.

DO NOT PUBLISH

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