in Re Donald Wayne Read

Court of Appeals of Texas·Decided July 26, 2019·No. 02-19-00263-CV·Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00263-CV ___________________________

IN RE DONALD WAYNE READ, Relator

Original Proceeding Trial Court No. 141-293386-17

Before Sudderth, C.J.; Kerr and Pittman, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

The court has considered relator’s petition for writ of mandamus to order the

court reporter to supply him with the reporter’s record from the trial that resulted in

his felony driving-while-intoxicated conviction, which was affirmed by the Eastland

Court of Appeals in 2015. See Read v. State, No. 11-13-00344-CR, 2015 WL 6121536,

at *1 (Tex. App.—Eastland Oct. 15, 2015, pet. ref’d) (mem. op., not designated for

publication). Because we lack jurisdiction to issue a writ of mandamus against a court

reporter unless the writ is necessary to enforce our jurisdiction, see In re Deba, No. 04-

19-00414-CR, 2019 WL 2783914, at *1 (Tex. App.—San Antonio July 3, 2019, orig.

proceeding) (per curiam) (mem. op.); In re Calton, No. 02-15-00280-CV, 2015 WL

5175467, at *1 (Tex. App.—Fort Worth Sept. 4, 2015, orig. proceeding) (per curiam)

(mem. op.), and relator has made no such argument or showing, we dismiss relator’s

petition for writ of mandamus.

Per Curiam

Delivered: July 26, 2019

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