in Re James Lee Williams

• Court: Court of Appeals of Texas
• Decided: July 11, 2018
• Docket: 09-18-00235-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00235-CR ____________________

IN RE JAMES LEE WILLIAMS

________________________________________________________________________

Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 11-13092 ________________________________________________________________________

MEMORANDUM OPINION

Relator James Lee Williams filed a petition for a writ of mandamus, in which

he asks this Court to compel the district clerk to forward him a copy of the record

that was prepared for an appeal that has been finally decided. See Williams v. State,

No. 09-13-00489-CR, 2014 WL 5409049, at *1 (Tex. App.—Beaumont Oct. 22,

2014, no pet.) (mem. op., not designated for publication).

Except in a case in which we are enforcing our jurisdiction, the district clerk

is not a person against whom we may issue a writ of mandamus. See Tex. Gov’t

Code Ann. § 22.221(a), (b) (West Supp. 2017); In re Pennington, No. 09-08-370

CV, 2008 WL 4425521, at *1 (Tex. App.—Beaumont Oct. 2, 2008, orig.

proceeding) (mem. op.). Based on the facts alleged in the mandamus petition,

Williams has not shown that issuing a writ against the district clerk is necessary to

enforce our jurisdiction. Accordingly, Williams is not entitled to the relief sought.

We deny the petition for a writ of mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on July 10, 2018 Opinion Delivered July 11, 2018 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.