Court of Civil Appeals of Texas, 2019

in Re Charles L Smith

in Re Charles L Smith
Court of Civil Appeals of Texas · Decided November 7, 2019

in Re Charles L Smith

Opinion

Opinion issued November 7, 2019

In The Court of Appeals For The First District of Texas ———————————— NO. 01-19-00812-CV ——————————— IN RE CHARLES L. SMITH, Relator

Original Proceeding on Petition for Writ of Mandamus & Petition for Writ of Injunction

MEMORANDUM OPINION Relator, Charles L. Smith, has filed a petition seeking both mandamus and injunctive relief.1 Smith seeks to compel the City of Houston Police Department to comply with his information request.

Smith has not included his request for information, but he likely seeks records relating to his criminal conviction in State of Texas v. Charles Leon Smith, cause number 1275390, in the 263rd District Court of Harris County, Texas. This case is no longer pending as the judgment was affirmed and the mandate issued on June 2, We lack jurisdiction to issue mandamus or other writs against the City of Houston Police Department and issuance of the requested writs are not necessary to enforce our jurisdiction. See TEX. GOV’T CODE § 22.221(a), (b). Accordingly, we dismiss the petition for lack of jurisdiction. Any pending motions are also dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Countiss.

2017. See Smith v. State, No. 01-15-01088-CR, 2017 WL 711738 (Tex. App.— Houston [1st Dist.] Feb. 23, 2017, pet. ref’d).

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