in Re Jimmy Wayne Cook

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00145-CR
IN RE Jimmy Wayne COOK
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: March 18, 2020
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION
On March 6, 2020, relator filed a pro se petition for writ of mandamus asking this court to
order the Bexar County District Attorney “to terminate its policy of denying discovery until after
indictment and to produce discovery as soon as practicable.” This court does not have jurisdiction
to issue writs of mandamus against a district attorney unless it is necessary to enforce our own
jurisdiction. See TEX. GOV’T CODE § 22.221(a), (b) (authorizing court of appeals to issue writs of
mandamus against district and county judges within appellate court’s geographic jurisdiction or
when necessary to enforce appellate court’s jurisdiction). Relator is not complaining about actions
in an appeal pending in this court; therefore, we lack jurisdiction to act against the district attorney.
Accordingly, we dismiss relator’s petition for writ of mandamus for want of jurisdiction.
PER CURIAM
Do not publish
1
This proceeding arises out of Cause No. 2016CR4105, styled The State of Texas v. Jimmy Wayne Cook, pending in
the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.