in Re Edward Charles Holland ( 2020 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-20-00065-CR
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IN RE EDWARD CHARLES HOLLAND
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Original Proceeding
Criminal District Court of Jefferson County, Texas
Trial Cause Nos. 83949, 91161
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MEMORANDUM OPINION
Relator Edward Charles Holland filed a petition for writ of mandamus, in
which he asks this Court to compel the district clerk to transmit a copy of relator’s
motion for judgment nunc pro tunc to this Court and to Holland. Attached to
Holland’s motion was a request to the district clerk, in which Holland asked the
district clerk to “force” the trial court to respond to his motion for judgment nunc
pro tunc.
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Both of the underlying cases to which Holland’s petition pertains are final
convictions. See Holland v. State, No. 10-04-00239-CR, 2005 WL 1580681 (Tex.
App.—Waco July 6, 2005, pet. ref’d) (not designated for publication); Holland v.
State, No. 09-04-00194-CR, 2006 WL 1045176 (Tex. App.—Beaumont Apr. 19,
2006, no pet.) (not designated for publication). The district clerk is not a person
against whom we may issue a writ of mandamus other than to enforce our
jurisdiction. See Tex. Gov’t Code Ann. § 22.221(a), (b).
Holland has not shown that issuance of a writ against the district clerk is
necessary to enforce our jurisdiction. See id.; see also In re Pennington, No. 09-08-
370-CV, 2008 WL 4425521, at *1 (Tex. App.—Beaumont Oct. 2, 2008, orig.
proceeding) (mem. op). The proceedings at issue are post-conviction matters that do
not implicate this Court’s jurisdiction. See Tex. Code Crim. Proc. Ann. art. 11.07,
§ 3(a). Holland has not demonstrated that he is entitled to mandamus relief from this
Court. Accordingly, we deny the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on March 17, 2020
Opinion Delivered March 18, 2020
Before McKeithen, C.J., Kreger and Johnson, JJ.
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