IN RE: David Menchaca

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Court of Appeals of Texas, San Antonio.

IN RE: David Menchaca

No. 04–15–00682–CR

Decided: November 18, 2015

Sitting: Sandee Bryan Marion, Chief Justice, Luz Elena D. Chapa, Justice, Jason Pulliam, Justice


On November 2, 2015, relator David Menchaca filed a pro se petition for writ of mandamus seeking an order from this court directing the State to respond to Menchaca's pro se motion in the underlying criminal matter.  However, this court does not have jurisdiction to grant the requested relief.  By statute, this court has the authority to issue a writ of mandamus against “a judge of a district or county court in the court of appeals district” and other writs as necessary to enforce our appellate jurisdiction.  See Tex. Gov't Code Ann. § 22.221(a), (b) (West 2004).  This court has no authority to direct the State to respond to relator's motion.  The requested relief is not necessary to enforce our jurisdiction.  Accordingly, relator's petition for writ of mandamus is dismissed for lack of jurisdiction.


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