in Re Joseph Larry Porter ( 2011 )

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 14, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00567-CR

NO. 14-11-00568-CR

NO. 14-11-00569-CR

____________

IN RE JOSEPH LARRY PORTER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

232nd District Court

Harris County, Texas

Trial Court Nos. 789696, 789697, & 794905

M E M O R A N D U M  O P I N I O N

            On June 30, 2011, relator, Joseph Larry Porter, filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code §22.221; see also Tex. R. App. P. 52.1.  In his petition, Porter asks that we direct the respondent, Harris County District Attorney Patricia R. Lykos, to produce evidence requested in a motion for discovery filed April 25, 2011, in cause numbers 789696, 789697, and 794905, in which he was convicted of two charges of aggravated robbery and one charge of aggravated sexual assault.  This court affirmed his convictions in 2001.  See Porter v. State, Nos. 14-99-00844-CR, 14-99-00845-CR, and 14-99-00846-CR, 2001 WL 777600 (Tex. App.—Houston [14th Dist.] July 12, 2001, pet. ref'd) (not designated for publication).

            This court’s mandamus jurisdiction is governed by section 22.221 of the Texas Government Code.  Section 22.221 expressly limits the mandamus jurisdiction of the courts of appeals to: (1) writs against a district court judge or county court judge in the court of appeals’ district, and (2) all writs necessary to enforce the court of appeals’ jurisdiction.  Tex. Gov’t Code § 22.221. 

            This limited jurisdiction does not extend to parties other than judges of district and county courts, such as district attorneys or district clerks, unless mandamus relief is necessary to enforce our jurisdiction.  See In re Washington, 7 S.W.3d 181, 182 (Tex. App.—Houston [1st Dist.] 1999, orig. proceeding) (mem. op.); Garner v. Gately, 909 S.W.2d 61, 62 (Tex. App.—Waco 1995, orig. proceeding).  We have no pending matter over which it is necessary to enforce our jurisdiction.  Therefore, we lack jurisdiction to grant the requested relief.  See Tex. Gov’t Code § 22.221.

            Accordingly, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.

Do Not Publish — Tex. R. App. P. 47.2(b).