in Re: Norman Carrio, Sr.

• Court: Court of Appeals of Texas
• Decided: August 19, 2004
• Docket: 14-04-00744-CV
• Status: Published

Opinion

Petitions for Writ of Mandamus Dismissed and Memorandum Opinion filed August 19, 2004

Petitions for Writ of Mandamus Dismissed and Memorandum Opinion filed August 19, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00744-CV

NO. 14-04-00747-CV

IN RE NORMAN CARRIO, SR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On August 10, 2004, relator filed two petitions for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petitions, relator seeks to compel Harris County, the Harris County District Attorney=s Office, the City of Houston, and the Houston Police Department to release copies of documents related to his criminal convictions for attempted murder and murder arising from a 1982 shooting.  This court lacks jurisdiction to grant relator=s requested relief.

With the exception of certain limited situations not present here in which a writ is necessary to protect our jurisdiction, this court=s power to issue writs of mandamus is limited to district and county court judges.  See Tex. Gov=t. Code Ann. ' 22.221(b) (Vernon 2004).  Original proceedings filed in appellate courts are distinguished from those filed in trial courts seeking to compel public officials to perform ministerial acts.  See Anderson v. City of Seven Points, 806 S.W.2d 791, 792 n.1 (Tex. 1991).  For example, the district court is vested with original mandamus jurisdiction over county officials.  See Vondy v. Commissioners Court, 620 S.W.2d 104, 109 (Tex.1981).

We dismiss relator=s petitions for writ of mandamus for want of jurisdiction.

PER CURIAM

Petitions Dismissed and Memorandum Opinion filed August 19, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.