in Re: Todd Altschul

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Do not publish.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).