in Re Seth Batterton

• Court: Court of Appeals of Texas
• Decided: January 15, 2020
• Docket: 04-20-00003-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-20-00003-CR

IN RE Seth BATTERTON

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Irene Rios, Justice

Delivered and Filed: January 15, 2020

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On January 2, 2020, relator filed a petition for writ of mandamus, asking this court to order the

district clerk to furnish him with copies of the clerk’s record and reporter’s record. By statute, an

appellate court has the power to issue a writ of mandamus against a district or county court judge.

See TEX. GOV’T CODE § 22.221(b). An appellate court may also issue a writ of mandamus to

enforce its jurisdiction. See id. § 22.221(a). This court does not have jurisdiction to issue a writ of

mandamus against a district clerk or a court reporter unless such writ is necessary to enforce our

jurisdiction. See In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig.

proceeding) (per curiam). Relator has not asserted that the writ he is requesting is necessary to enforce

our jurisdiction, nor has he provided a record that would support such an argument. Walker v. Packer,

1 This proceeding arises out of Cause No. 5970, styled The State of Texas v. Seth McCague Batterton, pending in the 216th Judicial District Court, Gillespie County, Texas, the Honorable Rex Emerson presiding. 04-20-00003-CR

827 S.W.2d 833, 837 (Tex. 1992) (holding relator has burden of providing a sufficient record to

establish right to mandamus relief). Accordingly, relator’s petition for writ of mandamus is dismissed.

Do not publish

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