in Re Jorge I. Quiroz
in Re Jorge I. Quiroz
Opinion
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MEMORANDUM OPINION No. 04-08-00589-CR IN RE Jorge I. QUIROZ Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Delivered and Filed: August 27, 2008 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION Jorge I. Quiroz filed a petition for writ of mandamus seeking to compel the District Clerk of Bexar County to provide him with a copy of the records from his criminal conviction for use in pursuing post-conviction remedies. This court has no mandamus jurisdiction over district clerks unless the issuance of the writ is necessary to enforce our jurisdiction. In re O’Brian, No. 04-04- 00453-CV, 2004 WL 1562148, at *1 (Tex. App.—San Antonio July 14, 2004, orig. proceeding) (mem. op.); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). Because we have no jurisdiction over post-conviction writs of habeas corpus in felony cases, the district clerk’s alleged refusal to provide Quiroz with a copy of his records does not affect our jurisdiction. In re O’Brian, 2004 WL 1562148, at *1; In re Coronado, 980 S.W.2d at 692; TEX .
Relator seeks a writ of mandamus to compel Margaret Montemayor, District Clerk of Bexar County, to provide him with a copy of his records in cause No. 94-CR-5424.
04-08-00589-CR CODE CRIM . PROC. art. 11.07. Accordingly, Quiroz’s petition for writ of mandamus is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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