in Re Jesse Ely Pena, Relator

MEMORANDUM OPINION No. 04-12-000206-CR IN RE Jesse Ely PENA Original Mandamus Proceeding 1 PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: April 18, 2012 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On April 4, 2012, Relator Jesse Ely Pena filed a petition for writ of mandamus complaining the Bexar County District Clerk has failed to provide him with copies of requested records. We conclude 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)-(b) (West 2004). We conclude the writ against the Bexar County District Clerk is not necessary to enforce our jurisdiction. See In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). 1 This proceeding arises out of Cause No. 2007-CR-4265, styled State of Texas v. Jesse Ely Pena, in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip Kazen presiding. 04-12-00206-CR Accordingly, Relator’s petition for writ of mandamus is DISMISSED FOR LACK OF JURISDICTION. PER CURIAM DO NOT PUBLISH -2-