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Date: 02-24-2020
Case Style:
In re The State of Texas
Case Number: 04-19-00847-CR
Judge: PER CURIAM
Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Beth Watkins, Justice
Court: Fourth Court of Appeals San Antonio, Texas
Plaintiff's Attorney: Samuel C. Adams
Defendant's Attorney:
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Relator filed a petition for writ of mandamus asking this court to compel the presiding
judge of the San Antonio Municipal Court to (1) vacate his December 4, 2019 instruction to the
venire panel, and (2) vacate his December 4, 2019 instruction of the law in the jury charge.
This court’s mandamus jurisdiction is limited to writs against a district court judge or
county court judge in our district and all writs necessary to enforce our jurisdiction. TEX. GOV’T
CODE § 22.221(a), (b). We do not have authority to issue writs of mandamus against a municipal
court judge unless it is necessary to enforce our jurisdiction. In re Chang, 176 S.W.3d 451, 452
(Tex. App.—Houston [1st Dist.] 2004, orig. proceeding) (per curiam); see also In re Gomez, 04
19-00019-CR, 2019 WL 286085, at *1 (Tex. App.—San Antonio Jan. 23, 2019, orig. proceeding)
(per curiam) (mem. op., not designated for publication) (holding same).
Outcome: Relator does not contend that issuance of the writ is necessary to enforce this court’s jurisdiction; therefore, we dismiss the petition for lack of jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments: