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 2007-08

in Re Gerald E. Gilbert ( 2007 )


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  • Opinion issued August 23, 2007













    In The

    Court of Appeals

    For The

    First District of Texas

    ____________



    NO. 01-07-00647-CR

    ____________



    IN RE GERALD GILBERT, Relator

    Original Proceeding on Petition for Writ of Mandamus



    MEMORANDUM OPINION

    Relator Gerald Gilbert filed a petition for writ of mandamus complaining that respondent court reporter (1) and respondent district clerk (2) have not provided him with trial records for cause number 958955. We dismiss the petition for lack of jurisdiction.

    This Court has mandamus jurisdiction against a district court judge or county court judge in our district, and all writs necessary to enforce our jurisdiction. (3) See Tex. Gov't Code Ann. § 22.221 (Vernon 2006). We have no authority to issue a writ of mandamus against a court reporter unless such is necessary to enforce our jurisdiction. In re Strickhausen, 994 S.W.2d 936, 936 (Tex. App.--Houston [1st Dist.] 1999, orig. proceeding). Also, we have no authority to issue a writ of mandamus against a district clerk unless such is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.--San Antonio 1998, orig. proceeding).

    This Court issued an opinion affirming relator's conviction in cause number 958955 on March 20, 2003. See Gilbert v. State, 196 S.W.3d 163, (Tex. App.--Houston [1st Dist.] 2005, pet ref'd). Our mandate was filed by the Harris County District Clerk's office on December 6, 2006. We no longer have plenary jurisdiction over the direct appeal. See Tex. R. App. P. 19.

    Accordingly, the petition for writ of mandamus against the court reporter and the district clerk is dismissed for lack of jurisdiction.PER CURIAM

    Panel consists of Chief Justice Radack, and Justices Keyes and Higley  

    Do not publish.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

    1. Respondent is Trish Matthew, the official court reporter of the 228th District Court, Harris

    2.

    Respondent is Charles Bacarisse, Harris County District Clerk.

    3. This Court has no authority to issue writs of mandamus in criminal law matters pertaining to post conviction habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon 2006).