in Re Seth Batterton

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.

PER CURIAM

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