In Re: Senrick Shern Wilkerson Appeal from Criminal District Court No. 3 of Dallas County (memorandum opinion)
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Dismissed w.o.j. and Opinion Filed October 16, 2017 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01169-CV No. 05-17-01170-CV IN RE SENRICK SHERN WILKERSON, Relator Original Proceeding from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause Nos. F10-01183 and F10-01184 MEMORANDUM OPINION Before Justices Lang, Brown, and Stoddart Opinion by Justice Stoddart Before the Court is relator’s October 2, 2017 “petition for nunc pro tunc and order,” which we construe as a petition for writ of mandamus. In this original proceeding, relator asks this Court to issue a writ directing the Dallas Police Department to send copies of the original arrest reports in the underlying trial court cause numbers to this Court and the district court. This Court does not have jurisdiction to issue a writ of mandamus against the Dallas Police Department unless it is necessary to enforce our own jurisdiction. TEX. GOV’T CODE § 22.221(a) (court of appeals may only issue writ of mandamus against district and county judges or as necessary to enforce jurisdiction of appellate court); In re Wilkerson, No. 05-16-00322-CV, 2016 WL 1320815, at *1 (Tex. App.—Dallas Apr. 5, 2016, orig. proceeding) (mem. op.) (citing In re Simpson, 997 S.W.2d 939, 939 (Tex. App.—Waco 1999, orig. proceeding)). Relator has no appeal pending in this Court and, therefore, our jurisdiction is not in jeopardy. Accordingly, we dismiss relator’s October 2, 2017 “petition for nunc pro tunc and order” for want of jurisdiction. /s/Craig Stoddart/ CRAIG STODDART JUSTICE 171169F.P05 –2–
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