Remigio A. Martinez v. Texas Department of Criminal Justice Classifications and Records ( 2008 )

Opinion filed September 25, 2008

Opinion filed September 25, 2008

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                                          No. 11-08-00151-CV

                                                    __________

                                  REMIGIO A. MARTINEZ, Appellant

                                                             V.

                        TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CLASSIFICATIONS AND RECORDS, Appellee

                                         On Appeal from the 106th District Court

                                                         Dawson County, Texas

                                              Trial Court Cause No. 08-03-17857

                                              M E M O R A N D U M   O P I N I O N

Remigio A. Martinez sued the Texas Department of Criminal Justice Classifications and Records.  In his pro se petition, Martinez alleged that defendant wrongfully placed his records, made fraudulent misrepresentations, deprived him of his due process rights, and violated double jeopardy protections.  The trial court dismissed all of his claims for want of jurisdiction.  We affirm.

In his brief, Martinez contends that the trial court abused its discretion because it did not hear his first amended petition and because it did not conduct a fact hearing.  We disagree.

The record does not support Martinez=s claim that the trial court did not consider his first amended petition.  His first amended petition was filed the day the trial court entered its order. The order recites that Martinez=s pleadings have been considered and that all of his claims against defendant are dismissed.  We note that nothing in the first amended petition changes the basis for the trial court=s ruling.

A trial court must determine at the earliest possible opportunity whether its jurisdiction has been invoked.  Tex. Dep=t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex. 2004).  Defendant filed a motion to dismiss for want of jurisdiction, which was included in its answer.  A de novo review supports the trial court=s ruling.  Id.  Martinez has not established that the trial court erred.

All of Martinez=s arguments have been considered, and each is overruled. 

The order of the trial court is affirmed.

PER CURIAM

September 25, 2008

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.