in Re Juan Moreno

Court of Appeals of Texas·Decided May 8, 2013·No. 04-13-00266-CR·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-13-00266-CR

IN RE Juan MORENO

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Rebeca C. Martinez, Justice

Delivered and Filed: May 8, 2013

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On April 25, 2013, Relator Juan Moreno filed a petition for writ of mandamus, seeking to

compel the court reporter in Bexar County, Texas to produce a copy of the record in the case.

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 is not necessary to

enforce our jurisdiction. Accordingly, relator’s petition for writ of mandamus is dismissed for

lack of jurisdiction.

DO NOT PUBLISH 1 This proceeding arises out of Cause No. 2009CR8686D, styled State of Texas v. Juan Moreno, pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

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