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In re Deba

Fourth Court of Appeals San Antonio, Texas
Jul 3, 2019
No. 04-19-00414-CR (Tex. App. Jul. 3, 2019)

Opinion

No. 04-19-00414-CR

07-03-2019

IN RE Raymond DEBA


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause Nos. 2005CR0956 & 2005CR0716, styled The State of Texas v. Raymond Deba, pending in the County Court at Law No. 2, Bexar County, Texas, the Honorable Kevin M. O'Connell presiding.

On June 19, 2019, relator filed a petition for writ of mandamus in which he contends he has asked for the cost to obtain the reporter's records in his two criminal cases but neither reporter has responded to his request. Relator does not ask for specific relief from this court; therefore, we assume he is requesting that this court issue a writ compelling the court reporters to provide him with information about the cost of obtaining the records.

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 order he is requesting is necessary to enforce our jurisdiction, nor has he provided a record that would support such an argument. See 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PER CURIAM Do not publish


Summaries of

In re Deba

Fourth Court of Appeals San Antonio, Texas
Jul 3, 2019
No. 04-19-00414-CR (Tex. App. Jul. 3, 2019)
Case details for

In re Deba

Case Details

Full title:IN RE Raymond DEBA

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 3, 2019

Citations

No. 04-19-00414-CR (Tex. App. Jul. 3, 2019)

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