in Re Robert Martinez

• Court: Court of Appeals of Texas
• Decided: April 13, 2016
• Docket: 04-16-00166-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00166-CR

IN RE Robert MARTINEZ

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: April 13, 2016

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On March 29, 2016, relator Robert Martinez filed a pro se petition for writ of mandamus

seeking an order from this court directing the clerk of the trial court to perform certain functions.

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). Relator seeks relief against the clerk of the

court, not a district or county court judge and we conclude the requested writ is not necessary to

1 This proceeding arises out of Cause No. 587693, styled The State of Texas v. Robert Martinez, pending in County Court at Law No. 5, Bexar County, Texas, the Honorable John A. Longoria presiding. 04-16-00166-CR

enforce our jurisdiction in this instance. Accordingly, relator’s petition for writ of mandamus is

dismissed for lack of jurisdiction.

DO NOT PUBLISH

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