in Re Louis A. Guiterrez

• Court: Court of Appeals of Texas
• Decided: May 26, 2006
• Docket: 01-05-00977-CR
• Status: Published

Opinion

Opinion issued May 26, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00977-CR

IN RE LOUIS ALFREDO GUITIERREZ, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

          Relator, Louis Alfredo Guitierrez, filed in this Court a pro se petition for writ of mandamus, asking that we order respondent to provide him with a copy of the clerk’s record, statement of facts, and motions on pre-trial matters for trial court cause numbers 9401460 and 9491461. We deny the petition.

          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). Relator seeks the documents in question from the district clerk to proceed with a post conviction “collateral attack” on the cases he was convicted of in 1995. 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); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 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 Taft and Nuchia.

Do not publish.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