in Re Lawrence Staler ( 2006 )

Opinion issued August 17, 2006 

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-06-00702-CR

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IN RE LAWRENCE STALER, Relator

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Original Proceeding on Petition for Writ of Mandamus  

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MEMORANDUM OPINION

          Relator, Lawrence Staler, filed in this Court a petition for writ of mandamus, complaining that respondent   did not perform a ministerial duty. According to the petition, relator requests that this Court make a finding:

“...that the Respondent did not transmit documents to the Court of Criminal Appeals within a reasonable time after the date they were requested...Petitioner prays for an Order Directing the Respondent to transmit a copy of the application for brief in support for motion for court appointed attorney, any answers filed and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals as directed in Article 11.07...of the Texas Code of Criminal Procedure and as requested in petitioner’s letter...”

We deny the petition. 

          We have no authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding). This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); Tex. Code.  

          The petition for writ of mandamus is dismissed for lack of jurisdiction.  

PER CURIAM

Panel consists of Justices Keyes, Alcala, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).