in Re David Menchaca ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00682-CR
IN RE David MENCHACA
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: November 18, 2015
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On November 2, 2015, relator David Menchaca filed a pro se petition for writ of mandamus
seeking an order from this court directing the State to respond to Menchaca’s pro se motion in the
underlying criminal matter. However, this court does not have jurisdiction to grant the requested
relief. By statute, this court has the authority to issue a writ of mandamus against “a judge of a
district or county court in the court of appeals district” and other writs as necessary to enforce our
appellate jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b) (West 2004). This court has
no authority to direct the State to respond to relator’s motion. The requested relief is not
1
This proceeding arises out of Cause Nos. 2007CRD00466 D4 and 2007CRP000388 D1, styled The State of Texas v.
David Menchaca, pending in the 406th Judicial District Court, Webb County, Texas, the Honorable Oscar J. Hale Jr.
presiding.
04-15-00682-CR
necessary to enforce our jurisdiction. Accordingly, relator’s petition for writ of mandamus is
dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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