Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00758-CR
IN RE Robert RODRIGUEZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Beth Watkins, Justice
Delivered and Filed: November 13, 2019
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On October 25, 2019, relator filed a petition for writ of mandamus asking this court to order
the district clerk to “perform her duty and forward relator’s pro-se motions for a judicial decision where
more than 60 days have elapsed and no decision [has] been rendered.” By statute, an appellate court
has the power to issue a writ of mandamus against a district or county court judge. See TEX. GOV’T
CODE § 22.221(b). An appellate court may also issue a writ of mandamus to enforce its
jurisdiction. See id. § 22.221(a). This court does not have jurisdiction to issue a writ of mandamus
against a district clerk or a court reporter unless such writ is necessary to enforce our jurisdiction. See
In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding) (per curiam).
Relator has not asserted that the writ he is requesting is necessary to enforce our jurisdiction, nor has
1
This proceeding arises out of Cause No. 2019-CR-10734, 2019-CR-10735, NM526505, 1990-CR-1294, styled The
State of Texas v. Robert Rodriguez, pending in the 437th Judicial District Court, Bexar County, Texas, the Honorable
Lori I. Valenzuela presiding.
04-19-00758-CR
he provided a record that would support such an argument. Walker v. Packer, 827 S.W.2d 833, 837
(Tex. 1992) (holding relator has burden of providing a sufficient record to establish right to mandamus
relief). Accordingly, relator’s petition for writ of mandamus is dismissed.
PER CURIAM
Do not publish
-2-