In re Eduardo Guerrero--Appeal from 226th Judicial District Court of Bexar County

PER CURIAM

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Delivered and Filed: August 22, 2007

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION IN PART AND DENIED IN PART; MOTION FOR LEAVE TO FILE DISMISSED AS MOOT

On August 9, 2007, Eduardo Guerrero filed a petition for a writ of mandamus, naming as respondents the Honorable Sid Harle, Presiding Judge of the 226th Judicial District Court, Bexar County, Texas, and Bexar County Assistant District Attorneys Tim Molino and Bill Pennington.

This court does not have mandamus jurisdiction over assistant district attorneys unless it is shown that issuance of the writ is necessary to enforce our jurisdiction. See Tex. Gov't Code Ann. 22.221(a), (b) (Vernon 2004); In re Simpson, 997 S.W.2d 939 (Tex. App.-Waco 1999, orig. proceeding). Relator has made no such allegation or showing. Accordingly, we have no jurisdiction to grant the relief sought against respondents Molina and Pennington.

The court has considered the remainder of the petition and has determined relator is not entitled to the relief sought. See Tex. R. App. P. 52.8(a). Accordingly, relator's petition for a writ of mandamus is dismissed for want of jurisdiction in part and denied in part. Relator's motion for leave to file the petition is dismissed as moot.

PER CURIAM

1. This proceeding arises out of Cause Nos. 2006-CR-4524, 2006-CR-9267, 2006-CR-9268, and 2006-CR-9269, each styled The State of Texas v. Eduardo Guerrero, in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid Harle presiding.