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Date: 09-18-2019
Case Style:
In re Robert Lee Hicks
Case Number: 01-19-00573-CR
Judge: PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Higley.
Court: Court of Appeals For The First District of Texas
Plaintiff's Attorney: Daniel C. McCrory
The Honorable Kim K Ogg
Defendant's Attorney:
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Relator, Robert Lee Hicks, has filed a petition for writ of mandamus,
seeking an order to direct the District Clerk to forward relator’s motion for nunc
pro tunc to the trial court.
However, this Court’s mandamus jurisdiction is limited to: (1) issuance of
writs of mandamus against a district court judge, statutory county judge, statutory
probate county judge, county court judge, district court judge acting as a magistrate
at a court of inquiry under Chapter 52 of the Texas Code of Criminal Procedure, or
an associate judge appointed under Chapter 201 of the Texas Family Code, in this
Court’s district, and (2) issuance of writs of mandamus necessary to enforce our
appellate jurisdiction. See TEX. GOV’T CODE § 22.221(a)–(b). Because relator’s
petition is directed at the district clerk, not the district judge, and does not indicate
that issuance of a writ is necessary to enforce our appellate jurisdiction, we lack
jurisdiction to issue the writ. See id. at § 22.221(a), (b)(1).
Outcome: Accordingly, relator's petition is dismissed for want of jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments: