in Re Jorge I. Quiroz



















MEMORANDUM OPINION



No. 04-08-00589-CR

IN RE Jorge I. QUIROZ

Original Mandamus Proceeding (1)

PER CURIAM



Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice



Delivered and Filed: August 27, 2008



PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

Jorge I. Quiroz filed a petition for writ of mandamus seeking to compel the District Clerk of Bexar County to provide him with a copy of the records from his criminal conviction for use in pursuing post-conviction remedies. This court has no mandamus jurisdiction over district clerks unless the issuance of the writ is necessary to enforce our jurisdiction. In re O'Brian, No. 04-04-00453-CV, 2004 WL 1562148, at *1 (Tex. App.--San Antonio July 14, 2004, orig. proceeding) (mem. op.); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.--San Antonio 1998, orig. proceeding). Because we have no jurisdiction over post-conviction writs of habeas corpus in felony cases, the district clerk's alleged refusal to provide Quiroz with a copy of his records does not affect our jurisdiction. In re O'Brian, 2004 WL 1562148, at *1; In re Coronado, 980 S.W.2d at 692; Tex. Code Crim. Proc. art. 11.07. Accordingly, Quiroz's petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM



DO NOT PUBLISH

1. Relator seeks a writ of mandamus to compel Margaret Montemayor, District Clerk of Bexar County, to provide him with a copy of his records in cause No. 94-CR-5424.