in Re Israel Lara, Jr.

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00301-CR

IN RE Israel LARA Jr.

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Jason Pulliam, Justice

Delivered and Filed: June 3, 2015

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On May 13, 2015, relator Israel Lara Jr. filed a petition for writ of mandamus seeking an

order from this court directing the district clerk to transmit his motion for judgment nunc pro tunc

to the convicting court. However, this court does not have jurisdiction to grant the requested relief.

By statute, this court has the authority to issue a writ of mandamus 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) (West 2004). We conclude the writ

requested is not necessary to enforce our jurisdiction. Accordingly, relator’s petition for writ of

mandamus is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH

1 This proceeding arises out of Cause No. 11-1327-CR, styled The State of Texas v. Israel Lara, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable Dwight E. Peschel presiding.