In re Gerald E. Gilbert--Appeal from 228th District Court of Harris County

Opinion issued October 18, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00752-CR

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IN RE GERALD GILBERT, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Gerald Gilbert filed a petition for writ of mandamus complaining that respondent trial court judge // has not provided him with trial records for cause number 958955. We dismiss the petition for lack of jurisdiction.

This Court has mandamus jurisdiction against a district court judge or county court judge in our district, and all writs necessary to enforce our jurisdiction. // We have no authority to issue a writ of mandamus unless such is necessary to enforce our jurisdiction. See Tex. Gov t Code Ann. 22.221 (Vernon 2006).

This Court issued an opinion affirming relator s conviction in cause number 958955 on March 20, 2003. See Gilbert v. State, 196 S.W.3d 163, (Tex. App. Houston [1st Dist.] 2005, pet ref d). Our mandate was filed by the Harris County District Clerk s office on December 6, 2006. We no longer have plenary jurisdiction over the direct appeal. See Tex. R. App. P. 19.

Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish. Tex. R. App. P. 47.2(b).