in Re: Stewart A. Cross

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

' ' No. 08-12-00303-CR IN RE: STEWART A. CROSS, ' AN ORIGINAL PROCEEDING Relator. ' IN MANDAMUS ' '

MEMORANDUM OPINION

Relator Stewart A. Cross, is an inmate presently incarcerated at the Lynaugh Unit of the Texas Department of Criminal Justice in Pecos County, Texas. On September 24, 2012, the Clerk of the Eighth Court of Appeals responded to Relator’s written motion for a free transcript of the statement of facts in the appeal of his case. In her correspondence to Relator, the Clerk explained that because the Court had affirmed the trial court’s judgment and the Court of Criminal Appeals had dismissed his petition for discretionary review, the Court is not required to provide Relator with a free copy of the record or any documents filed in his appeal.1 The Clerk also informed Relator of the price and acceptable payment methods for purchasing copies of the appellate record from the Court.

Relator subsequently filed in this Court a pro se petition for writ of mandamus requesting that we compel the 203rd District Court of Dallas County, in which he was convicted, to provide him a free copy of his record on appeal.2 A Court of Appeals has jurisdiction to issue a writ of mandamus against a district or county court judge in the Court’s district and against a district court judge acting as a magistrate in a court of inquiry in the Court’s district.3 TEX. GOV’T CODE ANN. § 22.221(b) (West 2004). However, because Dallas County is not within the Eighth Court of Appeals district, we are without jurisdiction to consider Relator’s petition. TEX. GOV’T CODE ANN. § 22.201(i) (West Supp. 2012); TEX. GOV’T CODE ANN. § 22.221(b) (West 2004). In re Davis, 87 S.W.3d 794, 795 (Tex.App.–Texarkana 2002, orig. proceeding).

The petition for writ of mandamus is dismissed for want of jurisdiction.

GUADALUPE RIVERA, Justice October 31, 2012

Before McClure, C.J., Rivera, J., and Antcliff, J. (Do Not Publish)