in Re Larry Dwayne Newton ( 2014 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-14-00591-CR
    IN RE Larry Dwayne NEWTON
    Original Mandamus Proceeding 1
    PER CURIAM
    Sitting:          Catherine Stone, Chief Justice
    Marialyn Barnard, Justice
    Luz Elena D. Chapa, Justice
    Delivered and Filed: September 3, 2014
    PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
    On August 15, 2014, relator filed a pro se petition for writ of mandamus seeking an order
    from this court directing the district clerk of Guadalupe County to correct the judgment in his
    underlying criminal proceeding. 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). Relator does not establish
    that the writ is 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    DO NOT PUBLISH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. 09-2377-CR, styled The State of Texas v. Larry Dwayne Newton, pending
    in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable Dwight E. Peschel presiding.
    

Document Info

Docket Number: 04-14-00591-CR

Filed Date: 9/3/2014

Precedential Status: Precedential

Modified Date: 10/30/2014