in Re Israel Lara, Jr. ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00301-CR
IN RE Israel LARA Jr.
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Jason Pulliam, Justice
Delivered and Filed: June 3, 2015
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On May 13, 2015, relator Israel Lara Jr. filed a petition for writ of mandamus seeking an
order from this court directing the district clerk to transmit his motion for judgment nunc pro tunc
to the convicting court. However, this court does not have jurisdiction to grant the requested relief.
By statute, this court has the authority to issue a writ of mandamus against “a judge of a district or
county court in the court of appeals district” and other writs as necessary to enforce our appellate
jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a)-(b) (West 2004). We conclude the writ
requested is not necessary to enforce our jurisdiction. Accordingly, relator’s petition for writ of
mandamus is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
1
This proceeding arises out of Cause No. 11-1327-CR, styled The State of Texas v. Israel Lara, pending in the 25th
Judicial District Court, Guadalupe County, Texas, the Honorable Dwight E. Peschel presiding.