in Re Jeremy Robinson

Opinion

Opinion issued December 9, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00910-CR

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IN RE Jeremy Steven Robinson, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

          Relator Jeremy Steven Robinson has petitioned this Court for a writ of mandamus, complaining that he has not been provided copies of all transcripts, pleadings, and other documents and materials relating to his final conviction in case number 984059 in the 228th District Court of Harris County.*  The petition names the following respondents:  Attorney General Greg Abbott, Harris County District Attorney Patricia R. Lykos and three other attorneys in her office; former Director of the Texas Department of Criminal Justice Correctional Institutions Division Nathaniel Quarterman; and former Harris County Sheriff Tommy Thomas.   

          This Court’s mandamus jurisdiction is governed by the Texas Government Code.  Section 22.221(b) expressly limits the mandamus jurisdiction of the courts of appeals to:  (1) writs necessary to enforce the jurisdiction of the court of appeals and (2) writs against specified district or county court judges in the court of appeals district.  Tex. Gov’t Code Ann. § 22.221(b) (Vernon 2004).

We have no jurisdiction to issue a writ of mandamus against the Texas Attorney General, a district attorney, a prison administrator, or a sheriff unless necessary to enforce our jurisdiction.  See id; see also In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding).  Robinson’s petition relates to post-conviction relief from an otherwise final felony conviction, and therefore the requested relief is not necessary to enforce our jurisdiction. 

Accordingly, we dismiss Robinson’s petition for writ of mandamus.

Per Curiam

Panel consists of Chief Justice Radack and Justices Massengale and Brown.

Do not publish.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

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*           A jury convicted Robinson of felony murder and assessed punishment at life in prison and a fine of $10,000.  See Tex. Pen. Code Ann. § 19.02(b)(3) (Vernon 2003).  This Court affirmed Robinson’s conviction, and the Texas Court of Criminal Appeals refused his petition for discretionary review.  See Robinson v. State, 236 S.W.3d 260 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d).