In re Rudy Apolinar--Appeal from 144th Judicial District Court of Bexar County
Annotate this Case
Download PDF
i i i i i i MEMORANDUM OPINION No. 04-08-00804-CR IN RE Rudy APOLINAR Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: November 12, 2008 PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION On October 30, 2008, relator Rudy Apolinar filed a petition for writ of mandamus seeking to compel the District Clerk of Bexar County to provide him with a copy of the record from his criminal conviction for use in pursuing post-conviction remedies. This court has no mandamus jurisdiction over a district clerk unless the issuance of the writ is necessary to enforce our jurisdiction. See TEX . GOV T CODE ANN . § 22.221(a)-(b) (Vernon 2004); In re Coronado, 980 S.W.2d 691, 692 (Tex. App. San Antonio 1998, orig. proceeding). Because we have no jurisdiction over post-conviction writs of habeas corpus in felony cases, the district clerk s alleged refusal to provide relator with a copy of his records does not affect our jurisdiction. In re O Brian, 1 ¦ This proceeding arises out of Cause No. 2008-W -0036, styled State of Texas v. Rudy Apolinar, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding. 04-08-00804-CR No. 04-04-00453-CV, 2004 WL 1562148, *1 (Tex. App. San Antonio July 14, 2004, orig. proceeding) (mem. op.); In re Coronado, 980 S.W.2d at 692; see also TEX . CODE CRIM . PROC. ANN . art. 11.07 (Vernon Supp. 2007). Accordingly, relator s petition for writ of mandamus is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
