in Re Sandra E. Brown ( 2017 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00803-CR
IN RE Sandra E. BROWN
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: December 13, 2017
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
Relator, Sandra E. Brown, filed a petition for writ of mandamus asking this court to compel
the Bexar County, Texas, District Attorney to comply with her request under the Texas Open
Records Act. See TEX. GOV’T CODE ANN. §§ 552.001-552.353 (West 2012). Although a writ of
mandamus is the proper remedy for failure to comply with the Open Records Act, this court does
not have original jurisdiction over the writ; it must be filed in the trial court. See TEX. GOV’T CODE
§ 552.321(b); In re Turner, 998 S.W.2d 935, 935 (Tex. App.—Houston [1st Dist.] 1999, orig.
proceeding); Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding).
Because we have no jurisdiction over relator’s complaint, we dismiss her petition for writ of
mandamus for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
1
This proceeding arises out of Cause No. 2015CR3457 and 2016CR9349W, styled The State of Texas v. Olice Brown,
pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.