Opinion
09-24-00234-CR
07-24-2024
IN RE SAMAD SEFIANE
Do Not Publish
Submitted on July 23, 2024.
Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 17-27943
Before Johnson, Wright and Chambers, JJ.
MEMORANDUM OPINION
PER CURIAM
In a petition asking this Court to issue a writ of mandamus, Samad Sefiane complains that Jamie Smith, the Jefferson County District Clerk, failed to timely file and transmit documents Sefiane filed with the District Clerk in Trial Cause Number 17-27943 to the Texas Court of Criminal Appeals. See Tex. R. App. P. 52; see generally Tex. Code Crim. Proc. Ann. art. 11.07, § 3. We dismiss the petition.
Relator was convicted of aggravated family violence assault in the Criminal District Court of Jefferson County, Texas, in Trial Cause Number 17-27943. See Sefiane v. State, No. 09-18-00216-CR, 2019 WL 2439490 (Tex. App.-Beaumont June 12, 2019, pet. ref d) (mem. op., not designated for publication). Even though Sefiane didn't certify that he served a copy of his petition for mandamus on the Respondent and the Real Party in Interest, we suspend that requirement under the circumstances to expedite resolving the complaints that he has raised in his petition. See Tex. R. App. P. 2 (Suspension of Rules); id. 9.5(a) (Service of All Documents Required).
Intermediate courts of appeal do not have jurisdiction to command actions to be taken by a district clerk unless the party makingthe request shows that issuing a writ is necessary to enforce the appellate court's jurisdiction over anappeal. See Tex. Gov't Code Ann. § 22.221(a), (b). Sefiane did not do so here. Accordingly, we dismiss Sefiane's petition for lack of jurisdiction.
PETITION DISMISSED.