in Re Erbey Flores

• Court: Court of Appeals of Texas
• Decided: June 28, 2002
• Docket: 04-02-00400-CV
• Status: Published

Opinion

Nos. 04-02-00399-CV and 04-02-00400-CV IN RE Erbey FLORES,

Original Mandamus Proceedings

From the 293rd Judicial District Court, Zavala County, Texas Trial Court No. 90-07-02295-CR Honorable Cynthia L. Muniz, Judge Presiding

Per Curiam

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: June 28, 2002

PETITIONS FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On June 10, 2002, relator, Erbey Flores, filed two petitions for writ of mandamus. In his first, Flores requests this court to order the Zavala County District Clerk to file his request for DNA testing. In his second, Flores asks this court to compel Randy Batten, Director of the Texas Department of Public Safety, to provide him a copy of his DNA test results. We have no mandamus jurisdiction over district clerks or the Texas Department of Public Safety unless it is shown the issuance of the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon Supp. 2002); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding); Summit Savings Ass'n v. Garcia, 727 S.W.2d 106, 107 (Tex. App.-San Antonio 1987, orig. proceeding). Relator has made no such allegation or showing. We therefore dismiss the petitions for want of jurisdiction.

DO NOT PUBLISH