In Re: Joseph Donald SmithAppeal from 115th District Court of Upshur County (memorandum opinion )

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-13-00130-CR IN RE: JOSEPH DONALD SMITH Original Mandamus Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Joseph Donald Smith has filed a document with this Court that we deem to be a petition seeking mandamus. He has no pending appeal with this Court, but has filed a document asking this Court to order the court reporter for the 115th Judicial District Court of Upshur County, Deanna Drennen, to provide him with a transcription of his trial before that court. The jurisdiction of Texas Courts of Appeals to issue writs of mandamus is set out by statute. This Court has jurisdiction to issue a writ of mandamus against a judge of a district or county court in the court of appeals district. TEX. GOV T CODE ANN. § 22.221(b) (West 2004). We have no pending appeal involving Joseph Donald Smith, and we do not have the authority to issue a mandamus against a court reporter in this context. We deny the petition. Bailey C. Moseley Justice Date Submitted: Date Decided: July 2, 2013 July 3, 2013 Do Not Publish 2

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