In Re William Charles Webb v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 15, 2023
• Docket: 10-23-00072-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00072-CR

IN RE WILLIAM CHARLES WEBB

Original Proceeding

From the 54th District Court McLennan County, Texas Trial Court No. 2012-678-C2

MEMORANDUM OPINION

In this original proceeding filed on March 8, 2023, relator, William Charles Webb,

seeks to compel McLennan County District Clerk Jon R. Gimble to receive all papers in

this proceeding and, pursuant to article 11.07 of the Texas Code of Criminal Procedure,

transmit to the Court of Criminal Appeals “a copy of the application for writ of habeas

corpus, any answers filed, and a certificate reciting the date upon which that finding was

made if the convicting court decides that there are no issues to be resolve.” See TEX. CODE

CRIM. PROC. ANN. art. 11.07. We do not have jurisdiction to issue a writ of mandamus against a district clerk

unless necessary to enforce our jurisdiction. In re Smith, 263 S.W.3d 93, 95 (Tex. App.—

Houston [1st Dist.] 2006, orig. proceeding); see TEX. GOV’T CODE ANN. § 22.221. Webb has

not shown that a writ of mandamus directed to the district clerk is necessary to enforce

our jurisdiction. Therefore, we dismiss Webb’s March 8, 2023 petition for writ of

mandamus for lack of jurisdiction.

STEVE SMITH Justice

Before Chief Justice Gray, Justice Smith, and Justice Wright1 Petition dismissed Opinion delivered and filed March 15, 2023 Do not publish [OT06]

1 The Honorable Jim R. Wright, Senior Chief Justice (Retired) of the Eleventh Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE ANN. §§ 74.003, 75.002, 75.003.

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