Gabriel Fontenette ( 2003 )

Opinion issued December 23, 2003

In The

Court of Appeals

For The  

First District of Texas

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NOS. 01-03-01194-CR

          01-03-01195-CR

          01-03-01196-CR

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IN RE GABRIEL FONTENETTE, Relator  

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

               Relator, Gabriel Fontenette, filed a pro se petition for writ of mandamus, requesting that we order respondent, the deputy district clerk for the 232nd District Court, Harris County, to set a hearing date for his petition for writ of mandamus filed in the district court in cause numbers 577714, 577715, and 577547. According to the petition presently before this Court, the purpose of the hearing would be the recalculation of relator’s incarceration time credits. We deny the petition.

               We may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against a judge of a district or county court in our district. Tex. Gov’t Code Ann. § 22.221(b) (Vernon Supp. 2004). We may also issue writs of mandamus and all other writs necessary to enforce our jurisdiction. Tex. Gov’t Code Ann. § 22.221(a) (Vernon Supp. 2004). This Court has no jurisdiction over the calculation of relator’s incarceration time credits by the Texas Department of Criminal Justice. Therefore, because the requested writ against the deputy district clerk is not necessary to enforce our jurisdiction, we have no authority to grant relator’s petition.

               The petition for writ of mandamus is therefore denied.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Higley.

Do not publish. Tex. R. App. P. 47.2(b).