in Re Henry T. Garland Jr.

Court of Appeals of Texas·Decided November 7, 2018·No. 04-18-00820-CR·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-18-00820-CR

IN RE HENRY T. GARLAND Jr.

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice Patricia O. Alvarez, Justice Irene Rios, Justice

Delivered and Filed: November 7, 2018

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

Relator filed a pro se petition for writ of mandamus in which he asks this court to compel

the Bexar County Clerk to forward his writs of habeas corpus to this court for a ruling.

This court does not have jurisdiction to issue a writ of mandamus against a district or county

clerk unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE ANN. § 22.221(a)

(court of appeals may only issue writ of mandamus against district and county judges or as

necessary to enforce jurisdiction of appellate court); In re Coronado, 980 S.W.2d 691, 692 (Tex.

App.—San Antonio 1998, orig. proceeding). Relator does not have an appeal pending in this

1 This proceeding arises out of Cause No. 789989; 789991; 792091; 792093, styled The State of Texas v. Henry T. Garland, Jr., pending in the County Court at Law No. 9, Bexar County, Texas, the Honorable Walden Shelton presiding. 04-18-00820-CR

court; therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator’s petition for

writ of mandamus for lack of jurisdiction.

DO NOT PUBLISH

-2-

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Related

In Re Coronado
980 S.W.2d 691 (Court of Appeals of Texas, 1998)