in Re: Javier Sauceda

• Court: Court of Appeals of Texas
• Decided: October 21, 2004
• Docket: 01-04-00924-CR
• Status: Published

Opinion

Opinion issued October 21, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00924-CR

IN RE JAVIER SAUCEDA, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

               Relator, Javier Sauceda, requests that this Court compel the Harris County District Clerk to sell him the records related to his convictions in cause numbers 732778, 732779, 732780, and 732781 in the 179th District Court of Harris County. Relator states that he needs the records “in order to file a petition for writ of habeas corpus.”

               We have jurisdiction to issue writs of mandamus against a district court judge or county court judge in our district, and we may issue all writs necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon 2004).

               We have no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. See 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).

               In addition, we have no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Coronado, 980 S.W.2d at 692; Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2004-2005). Therefore, because the matter raised in relator's petition does not affect our jurisdiction, we must deny the petition.

               The petition for writ of mandamus is denied.

               It is so ORDERED.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).