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In re Gomez

Fourth Court of Appeals San Antonio, Texas
Jan 23, 2019
No. 04-19-00019-CR (Tex. App. Jan. 23, 2019)

Opinion

No. 04-19-00019-CR

01-23-2019

IN RE Justin J. GOMEZ


MEMORANDUM OPINION

Original Mandamus Proceeding PER CURIAM Sitting: Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

This original proceeding arises out of a proceeding that was pending in the San Antonio Municipal Court.

Relator filed a pro se petition for writ of mandamus asking this court to compel the presiding judge of the San Antonio Municipal Court to rule on his pending Motion for Credit Time Served.

This court's mandamus jurisdiction is limited to writs against a district court judge or county court judge in our district and all writs necessary to enforce our jurisdiction. TEX. GOV'T CODE § 22.221(a), (b). We do not have authority to issue writs of mandamus against a municipal court judge unless it is necessary to enforce our jurisdiction. In re Chang, 176 S.W.3d 451, 452 (Tex. App.—Houston [1st Dist.] 2004, orig. proceeding) (per curiam); see also Thompson v. Velasquez, 155 S.W.3d 551, 554 (Tex. App.-San Antonio 2004, no pet.) (holding district courts have general mandamus jurisdiction over municipal courts).

Relator does not contend that issuance of the writ is necessary to enforce this court's jurisdiction; therefore, we dismiss the petition for lack of jurisdiction.

PER CURIAM Do not publish


Summaries of

In re Gomez

Fourth Court of Appeals San Antonio, Texas
Jan 23, 2019
No. 04-19-00019-CR (Tex. App. Jan. 23, 2019)
Case details for

In re Gomez

Case Details

Full title:IN RE Justin J. GOMEZ

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jan 23, 2019

Citations

No. 04-19-00019-CR (Tex. App. Jan. 23, 2019)