Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00664-CR
IN RE Robert MARTINEZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: October 1, 2014
PETITION FOR WRIT OF MANDAMUS DENIED IN PART, DISMISSED IN PART FOR
LACK OF JURISDICTION
On September 22, 2014, relator filed a pro se petition for writ of mandamus in which he
seeks mandamus relief against both the judge of County Court at Law No. 5 and the Bexar County
clerk’s office. The court has considered relator’s petition and is of the opinion that relator is not
entitled to mandamus relief with respect to the trial court judge. Accordingly, the petition for writ
of mandamus as to the respondent judge is denied. See TEX. R. APP. P. 52.8(a).
With respect to relator’s request for relief against the clerk’s office, this court does not have
jurisdiction to grant the requested relief. By statute, this court has the authority to issue a writ of
mandamus against “a judge of a district or county court in the court of appeals district” and other
writs as necessary to enforce our appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a)-
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This proceeding arises out of Cause No. 307125, styled The State of Texas v. Robert Martinez, pending in the County
Court at Law No. 5, Bexar County, Texas, the Honorable Jason Pulliam presiding.
04-14-00664-CR
(b) (West 2004). We conclude the writ is not necessary to enforce our appellate jurisdiction in this
instance. Accordingly, relator’s petition for writ of mandamus as to the Bexar County clerk’s office
is dismissed for lack of jurisdiction.
Additionally, relator requested leave to file his petition for writ of mandamus. No leave is
required to file a petition for writ of mandamus in this court. TEX. R. APP. P. 52. Therefore, relator’s
request for leave to file is denied as moot.
PER CURIAM
DO NOT PUBLISH
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