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In re Bubar

Fourth Court of Appeals San Antonio, Texas
Aug 9, 2017
No. 04-17-00483-CR (Tex. App. Aug. 9, 2017)

Opinion

No. 04-17-00483-CR

08-09-2017

IN RE Darryl BUBAR


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This proceeding arises out of Cause No. 528310, styled State of Texas v. Darryl Bubar, pending in the County Court at Law No. 11, Bexar County, Texas, the Honorable Tommy Stolhandske presiding.

On July 27, 2017, Relator filed a petition for writ of mandamus seeking a mandamus directed against the judge of Court-at-Law Number Eleven of Bexar County, Texas. This court is without jurisdiction to grant the requested relief. See Powell v. Hocker, 516 S.W.3d 488, 494 (Tex. Crim. App. 2017) (holding intermediate courts of appeals in Texas do not have jurisdiction to issue writs of mandamus against statutory county courts). Accordingly, Relator's petition for writ of mandamus is dismissed for lack of jurisdiction.

The Texas State Legislature has amended the Texas Government Code to extend the mandamus jurisdiction of the intermediate courts to statutory county and statutory probate courts; however, that amendment does not take effect until September 1, 2017. See Act of May 28, 2017, 85th Leg., R.S., S.B. 1233 (to be codified as an amendment to Tex. Gov't. Code § 22.221). --------

PER CURIAM DO NOT PUBLISH


Summaries of

In re Bubar

Fourth Court of Appeals San Antonio, Texas
Aug 9, 2017
No. 04-17-00483-CR (Tex. App. Aug. 9, 2017)
Case details for

In re Bubar

Case Details

Full title:IN RE Darryl BUBAR

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 9, 2017

Citations

No. 04-17-00483-CR (Tex. App. Aug. 9, 2017)