Opinion
No. 07-03-0372-CV.
September 2, 2003.
Appeal from the 108th District Court of Potter County; No. 30,343-E; Hon. Abe Lopez, Presiding.
Motion for Rehearing Overruled.
PANEL E: QUINN and REAVIS, JJ., and BOYD, S.J.
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. § 75.002(a)(1) (Vernon Supp. 2003).
Original Proceeding In Mandamus.
Pending before this court is the petition of L. J. Jackson for a writ of mandamus. Jackson requests that we "issue the . . . writ of mandamus upon the court reporter [for the 108th district court of Potter County, Texas] to prepare a new sentencing proceedings record in cause no. 30,343-E. . . ." We deny the application for the reasons which follow.
Jackson represents in his petition that he was convicted in December 1991, of delivering a controlled substance. He now seeks to pursue an out-of-time appeal. To do so purportedly requires changes to the court reporter's statement of facts that memorialize the sentencing proceedings of his 1991 trial. A writ of mandamus ordering the court reporter to make the desired changes is sought from this court.
Our power to issue a writ of mandamus when the writ is to be directed against a court reporter (or anyone other than a judge) is limited. We may issue such a writ only when necessary to enforce our jurisdiction over a pending appeal. Tex. Gov't Code Ann. 22.221(a) (Vernon 1988). And, before it can be said that we are acting to enforce our jurisdiction over a pending appeal, the dispute made the basis of the relator's application for writ must somehow implicate a pending appeal. Bush v. Vela, 535 S.W.2d 803, 804 (Tex.Civ.App.-Corpus Christi 1976, orig. proceeding). Since the subject matter of Jackson's request does not involve a pending appeal, we have no jurisdiction to entertain the petition for mandamus.
Accordingly, relator's petition for writ of mandamus is denied. Tex.R.App.P. 52.8(a).