In Re: Irwin Dewayne Gaines--Appeal from 420th District Court of Nacogdoches County
Annotate this CaseNO. 12-07-00014-CR
NO. 12-07-00015-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
IN RE: IRWIN DEWAYNE GAINES, ORIGINAL PROCEEDING
RELATOR
MEMORANDUM OPINION
In this original proceeding, Irwin Dewayne Gaines seeks a writ of mandamus requiring Donna Phillips, District Clerk of Nacogdoches County, Texas, to transmit to the Texas Court of Criminal Appeals copies of Gaines s application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which the finding was made that there are no unresolved facts material to the legality of his confinement.
A court of appeals has the authority to issue writs of mandamus against a judge of a district or county in the court of appeals district and all writs necessary to enforce its jurisdiction. Tex. Gov t Code Ann. 22.221 (Vernon 2004). In order for a district clerk to fall within our jurisdictional reach, it must be established that the issuance of the writ of mandamus is necessary to enforce our jurisdiction. See id.; In re Coronado, 980 S.W.2d 691, 692-93 (Tex. App. San Antonio 1998, orig. proceeding). Gaines has not demonstrated that the exercise of our mandamus authority against Respondent is appropriate to enforce our jurisdiction. Consequently, we have no authority to issue a writ of mandamus. Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.
JAMES T. WORTHEN
Chief Justice
Opinion delivered January 24, 2007.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
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