in Re: Charles Mitchell ( 2013 )

Dismiss Writ and Opinion Filed July 5, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00843-CV
IN RE CHARLES MITCHELL, Relator
On Appeal from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-11-14792-C
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lewis
Opinion by Justice Francis
Relator claims the trial court and the court reporter violated a ministerial duty by failing to
provide a reporter’s record for his appeal. Based on the record before us, we conclude relator has
not shown he is entitled to the relief requested with respect to the trial court. See TEX. R. APP. P.
52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); In
re Coston, 07-03-0366-CV, 2003 WL 21939465 at *1 (Tex. App.BAmarillo Aug. 13, 2003, orig.
proceeding). Accordingly, we DENY relator=s petition for writ of mandamus to the extent it
seeks relief as to the trial court. We do not have mandamus jurisdiction over the court reporter.
See TEX. GOV=T CODE ANN. ' 22.221 (West 2010).
Accordingly, we DISMISS relator=s petition for a writ of mandamus for want of
jurisdiction to the extent it seeks relief as to the court reporter.
/Molly Francis/
MOLLY FRANCIS
130843F.P05 JUSTICE
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