In re Rodolfo GarciaAppeal from 83rd District Court of Pecos County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00233-CV In re Rodolfo Garcia ORIGINAL PROCEEDING FROM PECOS COUNTY MEMORANDUM OPINION Relator Rodolfo Garcia, an inmate, has filed a pro se petition for writ of mandamus, asking this Court to compel the 83rd District Court of Pecos County, Texas, to rule on various motions related to Garcia s conviction in that court for the offense of aggravated sexual assault of a child. Intermediate courts of appeals have jurisdiction to issue a writ of mandamus only against a district or county court judge in the Court s district and against a district court judge acting as a magistrate in a court of inquiry in the Court s district. Tex. Gov t Code § 22.221(b). The 83rd District Court of Pecos County is not within the district of the Third Court of Appeals. See Tex. Gov t Code § 22.201(d), (i). Consequently, we are without jurisdiction to consider Garcia s petition. See Tex. Gov t Code § 22.221(b); see also In re Davis, 87 S.W.3d 794, 795 (Tex. App. Texarkana 2002, orig. proceeding). We dismiss Garcia s petition for want of jurisdiction. __________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton and Rose Filed: June 20, 2013 2

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