in Re Rodolfo Garcia ( 2013 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00233-CV
In re Rodolfo Garcia
ORIGINAL PROCEEDING FROM PECOS COUNTY
MEMORANDUM OPINION
Relator Rodolfo Garcia, an inmate, has filed a pro se petition for writ of mandamus,
asking this Court to compel the 83rd District Court of Pecos County, Texas, to rule on various
motions related to Garcia’s conviction in that court for the offense of aggravated sexual assault
of a child. Intermediate courts of appeals have jurisdiction to issue a writ of mandamus only
against a district or county court judge in the Court’s district and against a district court judge
acting as a magistrate in a court of inquiry in the Court’s district. Tex. Gov’t Code § 22.221(b). The
83rd District Court of Pecos County is not within the district of the Third Court of Appeals. See
Tex. Gov’t Code § 22.201(d), (i). Consequently, we are without jurisdiction to consider
Garcia’s petition. See Tex. Gov’t Code § 22.221(b); see also In re Davis, 87 S.W.3d 794,
795 (Tex. App.—Texarkana 2002, orig. proceeding). We dismiss Garcia’s petition for want of
jurisdiction.
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton and Rose
Filed: June 20, 2013
2