In Re: Tiburcio Garcia Ortega--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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IN RE: TIBURCIO GARCIA ORTEGA, ) No. 08-04-00138-CR

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Relator. ) AN ORIGINAL PROCEEDING

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) IN MANDAMUS

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O P I N I O N

Tiburcio Garcia Ortega has filed a Motion to Compel Trial Court to Produce Trial Records to Pro Se Petitioner, which we have construed as a petition for writ of mandamus. Ortega claims that he filed a motion for production of his trial records to assist him in preparing a petition for post-conviction habeas relief and that the trial court denied the motion without reason. He requests that we compel the trial court to produce the records.

Ortega has not provided this court with a certified or sworn copy of the trial court s order or the motion he filed in the trial court. See Tex.R.App.P. 52.3(j)(1)(A). Moreover, we are unable to determine whether we have jurisdiction to grant a writ of mandamus because Ortega does not indicate whether he was convicted of a misdemeanor or a felony. This court does not have jurisdiction over matters related to felony post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); In re McAfee, 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding).

Accordingly, the petition for writ of mandamus is denied.

August 19, 2004

ANN CRAWFORD McCLURE, Justice

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

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