Expunction: Houston appellate court says it does not have jurisdiction to intervene

In Re Wright No. 14-07-01057-CV (Tex.App.- Houston [14th Dist.] Jan 15, 2008)(Guzman)(expuntion, mandamus jurisdiction over clerk found lacking, jurisdictional dismissal)DISMISSED: Opinion by Justice Guzman
Before Justices Brock Yates, Guzman and BrownIn Re Gerald Anthony WrightAppeal from 182nd District Court of Harris County (Judge Jeannine Barr)

ORIGINAL PROCEEDINGWRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On December 14, 2007, relator Gerald Anthony Wright filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.
In the petition, relator requests this court to compel the record expunction clerk at the Harris County District Clerk's Office to file his petition for expunction of the record related to his conviction for aggravated assault of a police officer.

We do not have jurisdiction to issue a writ of mandamus against a district clerk unless it is necessary to enforce our jurisdiction. Tex. Gov't Code Ann. ' 22.221; In re Washington, 7 S.W.3d 181, 182 (Tex. App. - Houston [1st Dist.] 1999, orig. proceeding).

Because of the relief requested, we do not have jurisdiction and the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed January 15, 2008.
Panel consists of Justices Yates, Guzman, and Brown.

Note: The opinion issues as a "per curiam", but the Court's list of decisions published on Jan. 15, 2008 shows Justice Guzman as opinion author.