in Re Jorge I. Quiroz
This text of in Re Jorge I. Quiroz (in Re Jorge I. Quiroz) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM OPINION
PER CURIAM
Sitting: Alma L. López, Chief Justice
Sandee Bryan Marion, Justice
Steven C. Hilbig, Justice
Delivered and Filed: August 27, 2008
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
Jorge I. Quiroz filed a petition for writ of mandamus seeking to compel the District Clerk of Bexar County to provide him with a copy of the records from his criminal conviction for use in pursuing post-conviction remedies. This court has no mandamus jurisdiction over district clerks unless the issuance of the writ is necessary to enforce our jurisdiction. In re O'Brian, No. 04-04-00453-CV, 2004 WL 1562148, at *1 (Tex. App.--San Antonio July 14, 2004, orig. proceeding) (mem. op.); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.--San Antonio 1998, orig. proceeding). Because we have no jurisdiction over post-conviction writs of habeas corpus in felony cases, the district clerk's alleged refusal to provide Quiroz with a copy of his records does not affect our jurisdiction. In re O'Brian, 2004 WL 1562148, at *1; In re Coronado, 980 S.W.2d at 692; Tex. Code Crim. Proc. art. 11.07. Accordingly, Quiroz's petition for writ of mandamus is dismissed for lack of jurisdiction.
DO NOT PUBLISH
1. Relator seeks a writ of mandamus to compel Margaret Montemayor, District Clerk of Bexar County, to provide him with a copy of his records in cause No. 94-CR-5424.
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