in Re: Pablo Zuniga

• Court: Court of Appeals of Texas
• Decided: October 23, 2008
• Docket: 13-08-00591-CR
• Status: Published

Opinion

NUMBER 13-08-00591-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: PABLO ZUNIGA

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Vela

Memorandum Opinion ⁽¹⁾ Per Curiam

Relator, Pablo Zuniga, pro se, filed a petition for writ of mandamus on October 17, 2008, asking that this Court compel the District Clerk of Hidalgo County to provide to him a copy of the Pre-Sentence Investigation report used at relator's criminal trial.

We conclude that we do not have jurisdiction to grant the requested relief. This Court does not have mandamus jurisdiction over district clerks unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. § 22.221(a), (b) (Vernon 2004); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding); see also In re Nubine, No. 13-08-507-CV, 2008 Tex. App. LEXIS 6534, *1 (Tex. App.-Corpus Christi Aug. 27, 2008, orig. proceeding).

Relator has neither alleged nor shown that issuance of the writ is necessary to enforce our jurisdiction. Accordingly, the petition for writ of mandamus is hereby DISMISSED FOR WANT OF JURISDICTION. See Tex. R. App. P. 52.8(a).

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed on the 23rd day of October, 2008.

1. See Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions), 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so.").