Opinion issued January 29, 2004
In The
Court of Appeals
For The
First District of Texas
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NOS. 01-03-01324-CR
01-03-01327-CR
01-03-01328-CR
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IN RE TODD ALTSCHUL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Todd Altschul, requests that this Court compel respondent to reconstruct “missing indictments and judgments” in cause numbers 23557, 26672, and 26673. Relator contends that respondent had a ministerial duty to preserve court records. Relator argues that the reconstructed documents would show that his punishment was erroneously enhanced.
District court judges do not have a duty to preserve court records. District clerks have custody of all records lawfully deposited in the clerk’s office. See Tex. Gov’t Code Ann. § 51.303 (Vernon 1998).
The petition for writ of mandamus is therefore denied.
It is so ORDERED.
PER CURIAM
Panel consists of Justices Nuchia, Alcala, and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).