in Re Samad Sefiane

Court: Court of Appeals of Texas
Date filed: 2019-11-20
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Combined Opinion
                                        In The

                                 Court of Appeals

                     Ninth District of Texas at Beaumont

                                __________________

                                NO. 09-19-00418-CR
                                __________________

                      IN RE SAMAD SEFIANE
__________________________________________________________________

                          Original Proceeding
            252nd District Court of Jefferson County, Texas
                       Trial Cause No. 17-27943
__________________________________________________________________

                           MEMORANDUM OPINION

      In a petition asking this Court to issue a writ of mandamus, Samad Sefiane

complains that Jamie Smith, the Jefferson County District Clerk, failed to timely

transmit documents Sefiane filed with the District Clerk in trial court cause number

17-27943 to the Texas Court of Criminal Appeals. See Tex. R. App. P. 52. See

generally Tex. Code Crim. Proc. Ann. art. 11.07, § 3. We dismiss the petition.

      Intermediate courts of appeal do not have jurisdiction to command actions to

be taken by a district clerk unless the party making the request shows that issuing a

writ is necessary to enforce the appellate court’s jurisdiction over an appeal. See Tex.


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Gov’t Code Ann. § 22.221(a), (b) (Supp.). Sefiane did not do so here. Accordingly,

we dismiss Sefiane’s petition for lack of jurisdiction.

      PETITION DISMISSED.


                                                          PER CURIAM

Submitted on November 19, 2019
Opinion Delivered November 20, 2019
Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.




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