Opinion
NO. 01-18-00359-CR
05-22-2018
IN RE QUENTIN DANIEL SMITH, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Quentin Daniel Smith, incarcerated and proceeding pro se, has filed a petition for a writ of mandamus seeking to compel the respondent trial court, listed as the 299th District Court of Travis County, to grant his pending "Motion to Produce Client['s] File" from his defense attorney, and "Motion for Copy of Record of Proceeding" to perfect his application for a writ of habeas corpus. We dismiss the petition for want of jurisdiction.
The underlying case is The State of Texas v. Quentin Daniel Smith, Cause No. D1-DC15904039, in the 299th District Court of Travis County, Texas.
This Court's mandamus jurisdiction is governed by Texas Government Code Section 22.221, which expressly limits the mandamus jurisdiction of the courts of appeals to: (1) issuance of writs of mandamus against a district court judge, statutory county judge, statutory probate county judge, county court judge, or associate judge appointed under Chapter 201 of the Family Code in the court of appeals district, and (2) issuance of writs of mandamus necessary to enforce our appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a)-(b) (West 2004 & Supp. 2017). We lack jurisdiction to issue the requested writ against the respondent, listed as the 299th District Court of Travis County, because this Court neither has jurisdiction over the district courts of Travis County nor is such a writ necessary to enforce this Court's appellate jurisdiction. See TEX. GOV'T CODE ANN. § 22.221(a), (b)(1); see also TEX. GOV'T CODE ANN. § 22.201(b) (West 2004); In re Sorrow, No. 01-15-00536-CV, 2015 WL 3903515, at *1 (Tex. App.—Houston [1st Dist.] June 25, 2015, orig. proceeding) (per curiam) (mem. op.) (dismissing mandamus petition for want of jurisdiction because it sought relief against Travis County district court). The Third Court of Appeals in Austin has jurisdiction over Travis County district courts. See TEX. GOV'T CODE ANN. §§ 22.201(d), 22.204(a) (West 2004).
Accordingly, relator's petition for a writ of mandamus is dismissed for want of jurisdiction.
PER CURIAM Panel consists of Justices Higley, Brown, and Caughey. Do not publish. TEX. R. APP. P. 47.2(b).