in Re Justin J. Gomez ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00019-CR
IN RE Justin J. GOMEZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 23, 2019
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
Relator filed a pro se petition for writ of mandamus asking this court to compel the
presiding judge of the San Antonio Municipal Court to rule on his pending Motion for Credit Time
Served.
This court’s mandamus jurisdiction is limited to writs against a district court judge or
county court judge in our district and all writs necessary to enforce our jurisdiction. TEX. GOV’T
CODE § 22.221(a), (b). We do not have authority to issue writs of mandamus against a municipal
court judge unless it is necessary to enforce our jurisdiction. In re Chang, 176 S.W.3d 451, 452
(Tex. App.—Houston [1st Dist.] 2004, orig. proceeding) (per curiam); see also Thompson v.
Velasquez, 155 S.W.3d 551, 554 (Tex. App.–San Antonio 2004, no pet.) (holding district courts
have general mandamus jurisdiction over municipal courts).
1
This original proceeding arises out of a proceeding that was pending in the San Antonio Municipal Court.
04-19-00019-CR
Relator does not contend that issuance of the writ is necessary to enforce this court’s
jurisdiction; therefore, we dismiss the petition for lack of jurisdiction.
PER CURIAM
Do not publish
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