in Re: Frank D. Chisholm, 1183067 ( 2006 )

NUMBER 13-06-00502-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE FRANK D. CHISHOLM, RELATOR

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Castillo

Memorandum Opinion by Justice Hinojosa

Relator, Frank D. Chisholm, an inmate presently incarcerated at the Pack Unit of the Texas Department of Criminal Justice-Institutional Division at Navasota, Texas, has filed a petition for a writ of mandamus asking this Court to compel the District Clerk of Calhoun County to serve him with Indictment No. 2002-08-5801. We conclude, however, that we do not have jurisdiction to mandamus a district clerk. See Tex. Gov't Code Ann. § 22.221(b) (Vernon 2004) (governing the scope of the mandamus power of a court of appeals); In re Washington, 7 S.W.3d 181, 182 (Tex. App.-Houston [1st Dist.] 1999, orig. proceeding); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.--San Antonio 1998, orig. proceeding) (court of appeals has no jurisdiction to issue a writ of mandamus against a district clerk unless such is necessary to enforce its jurisdiction); see also Tex. Gov't Code Ann. § 24.011 (Vernon 2004) (governing the scope of the mandamus power of a district court).

Accordingly, we dismiss relator's petition for want of jurisdiction.

   FEDERICO G. HINOJOSA

Justice

Do not publish.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

Memorandum Opinion delivered and filed this

the 15th day of September, 2006.