in Re: Todd Altschul

• Court: Court of Appeals of Texas
• Decided: January 29, 2004
• Docket: 01-03-01327-CR
• Status: Published

Opinion

Opinion issued January 29, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NOS. 01-03-01324-CR

          01-03-01327-CR

          01-03-01328-CR

IN RE TODD ALTSCHUL, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

               Relator, Todd Altschul, requests that this Court compel respondent to reconstruct “missing indictments and judgments” in cause numbers 23557, 26672, and 26673. Relator contends that respondent had a ministerial duty to preserve court records. Relator argues that the reconstructed documents would show that his punishment was erroneously enhanced.

               District court judges do not have a duty to preserve court records. District clerks have custody of all records lawfully deposited in the clerk’s office. See Tex. Gov’t Code Ann. § 51.303 (Vernon 1998).

               The petition for writ of mandamus is therefore denied.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).