In re Edward OBrian a/k/a Edward OBrien--Appeal from 175th Judicial District Court of Bexar County

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 14, 2004

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

Relator Edward O'Brian filed a petition for writ of mandamus seeking an order from this court to the District Clerk of Bexar County, requiring her to provide O'Brian with free copies of the record from his criminal convictions for use in filing an application for writ of habeas corpus. Our mandamus jurisdiction is limited. By statute, we have authority to issue a writ of mandamus against "a judge of a district or county court in the court of appeals district" and other writs as necessary to enforce our appellate jurisdiction. Tex. Gov't Code Ann. 22.221 (Vernon 2004). "We have no mandamus jurisdiction over district clerks unless it is shown the issuance of the writ is necessary to enforce our jurisdiction." In re Lopez, 04-03-00820-CV, 2003 WL 22658158, at *1 (Tex. App.-San Antonio Nov. 12, 2003, orig. proceeding); see also In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding). We have no original habeas corpus jurisdiction in criminal matters; our jurisdiction is appellate only. In re Krumpter, 04-03-00948-CV, 2004 WL 86146, at *1 (Tex. App.-San Antonio 2004, orig. proceeding); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.-San Antonio 1999, no pet.). The refusal of the district clerk to provide a free record for filing a post-conviction habeas proceeding does not impact our jurisdiction. Accordingly, O'Brian's petition for writ of mandamus is dismissed for lack of jurisdiction. The application to proceed in forma pauperis is denied as moot.

PER CURIAM

1. This proceeding arises out of Cause Nos. 1998-CR-3868, 1998-CR-3869, and 1998-CR-3870, styled State v. Edward O'Brian, in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Roman presiding.