In Re Robert C. Edwards v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 2, 2024
• Docket: 01-24-00454-CR
• Status: Published

Opinion

Opinion issued July 2, 2024.

In The

Court of Appeals For The

First District of Texas ———————————— NOS. 01-24-00451-CR 01-24-00452-CR 01-24-00453-CR 01-24-00454-CR 01-24-00455-CR 01-24-00456-CR ——————————— IN RE ROBERT C. EDWARDS, Relator

Original Proceeding on Petitions for Writ of Mandamus

MEMORANDUM OPINION1

1 The underlying cases are Robert C Edwards, Jr. v State, Nos. 01-04-00966-CR, 01-04-00967-CR, 01-04-00968-CR, 01-04-00969-CR, 01-04-00970-CR, 01-04- 00971-CR, 2006 WL 115925 (Tex. App.—April 27, 2006), affirmed, 2008 WL 366617 (Tex. Crim. App. 2008). This Court affirmed Relator’s convictions in 2006, and the Texas Court of Criminal Appeals affirmed this Court’s opinion in 2008. See id. Relator, Robert C. Edwards, has filed petitions for writ of mandamus,

requesting that we compel Marilyn Burgess, the Harris County District Clerk, to

provide him with transcripts from his 2006 felony convictions. Edwards claims

that he needs the transcripts to file a post-conviction habeas proceeding

challenging the methodology being used by the trial court or the Texas Department

of Criminal Justice to calculate his sentences.

This Court’s mandamus jurisdiction is governed by Section 22.221 of the

Texas Government Code. See TEX. GOV’T CODE § 22.221. Section 22.221

expressly limits the mandamus jurisdiction of the courts of appeals to (1) writs

against a judge of a district or county court in the court of appeals’ district, (2)

writs against a district judge acting as magistrate in a court of inquiry in the court

of appeals’ district, and (3) writs necessary to enforce the court of appeals’

jurisdiction. Id. We have no authority to issue a writ of mandamus against a district

clerk unless it is necessary to enforce our jurisdiction. See In re Washington, 7

S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (per

curiam) (holding that court of appeals has no jurisdiction to issue writ of

mandamus against district clerk unless necessary to enforce its jurisdiction).

Additionally, Edwards claims that he needs the trial court records to prepare

a post-conviction writ pursuant to Article 11.07 of the Texas Code of Criminal

Procedure. This Court has no authority to issue writs of mandamus in criminal

2 matters pertaining to proceedings under Article 11.07. In re McAfee, 53 S.W.3d

715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

Because Edwards’s conviction is final and no appeal is pending in this

Court, and because we have no jurisdiction over any proceeding filed pursuant to

Article 11.07, a writ of mandamus against the District Clerk would not protect this

Court’s jurisdiction.

Accordingly, we dismiss Edwards’s petitions for writ of mandamus for lack

of jurisdiction.

PER CURIAM

Panel consists of Justices Hightower, Rivas-Molloy, and Farris.

Do not publish. TEX. R. APP. P. 47.2(b).