in Re Kerwin Pennick ( 2015 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
May 12, 2015.
In The
Fourteenth Court of Appeals
NO. 14-15-00404-CR
IN RE KERWIN PENNICK, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
390th District Court
Travis County, Texas
Trial Court Cause No. 9024023
MEMORANDUM OPINION
On May 1, 2015, relator Kerwin Pennick filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also
Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable
Julie Kocurek, presiding judge of the 390th District Court of Travis County, to rule
on his request to compel the Travis County District Clerk to provide him with trial
records and the cost of such records.
Section 22.221 of the Texas Government Code expressly limits the
mandamus jurisdiction of the court of appeals to: (1) writs against a “judge of a
district or county court in the court of appeals district”; and (2) all writs necessary
to enforce the court of appeals’ jurisdiction. Tex. Gov’t Code Ann. § 22.221.
Travis County is not within our appellate district. See Tex. Gov’t Code Ann.
§ 22.201(o) (West. Supp. 2014). Instead, Travis County is within the Third Court
of Appeals district. Id. § 22.201(d). Because Travis County is not in our appellate
district and it is not necessary to enforce this court’s jurisdiction, we have no
authority to issue a writ of mandamus directed at the presiding judge of the 390th
District Court.
Accordingly, relator’s petition for writ of mandamus is dismissed for lack of
jurisdiction.
PER CURIAM
Panel consists of Justices Boyce, McCally, and Donovan.
Do Not Publish — Tex. R. App. P. 47.2(b).
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