In re Remigio A. Martinez, III--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-07-00869-CR

IN RE Remigio A. MARTINEZ, III

PER CURIAM

Sitting: Catherine Stone, Justice

Sandee Bryan Marion, Justice

Steven C. Hilbig, Justice

Delivered and filed: January 9, 2008

PETITION FOR WRIT OF MANDAMUS DENIED

Relator has filed a pro se petition for writ of mandamus, asking this court to "compel the district clerk['s] to file relator's appeal" from the denial of his application for writ of habeas corpus. This court does not have jurisdiction to issue a writ of mandamus against a district clerk unless such writ is necessary to enforce our jurisdiction. In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-- San Antonio 1998, orig. proceeding). Relator has not provided this court with a copy of his notice of appeal or any other record indicating the procedural history of his criminal case. However, it appears relator is attempting to appeal a decision of the Court of Criminal Appeals; therefore, relator's contention that this court has been "deprived of its jurisdiction" is not supported by the record. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (holding relator has burden of providing a sufficient record to establish right to mandamus relief). Accordingly, relator's petition for writ of mandamus is denied.

PER CURIAM

Do not publish

1. This proceeding arises out of Cause No. 2003-CR-5033, filed in the 144th Judicial District Court, Bexar County, Texas.