In Re Samad Sefiane v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00234-CR
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IN RE SAMAD SEFIANE

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Original Proceeding
Criminal District Court of Jefferson County, Texas
Trial Cause No. 17-27943
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MEMORANDUM OPINION

In a petition asking this Court to issue a writ of mandamus, Samad Sefiane

complains that Jamie Smith, the Jefferson County District Clerk, failed to timely file

and transmit documents Sefiane filed with the District Clerk in Trial Cause Number

17-27943 to the Texas Court of Criminal Appeals.1 See Tex. R. App. P. 52; see

generally Tex. Code Crim. Proc. Ann. art. 11.07, § 3. We dismiss the petition.

1Relator was convicted of aggravated family violence assault in the Criminal

District Court of Jefferson County, Texas, in Trial Cause Number 17-27943. See
Sefiane v. State, No. 09-18-00216-CR, 2019 WL 2439490 (Tex. App.—Beaumont
June 12, 2019, pet. ref’d) (mem. op., not designated for publication). Even though
Sefiane didn’t certify that he served a copy of his petition for mandamus on the
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Intermediate courts of appeal do not have jurisdiction to command actions to

be taken by a district clerk unless the party making the request shows that issuing a

writ is necessary to enforce the appellate court’s jurisdiction over an appeal. See Tex.

Gov’t Code Ann. § 22.221(a), (b). Sefiane did not do so here. Accordingly, we

dismiss Sefiane’s petition for lack of jurisdiction.

PETITION DISMISSED.

PER CURIAM

Submitted on July 23, 2024
Opinion Delivered July 24, 2024
Do Not Publish

Before Johnson, Wright and Chambers, JJ.

Respondent and the Real Party in Interest, we suspend that requirement under the
circumstances to expedite resolving the complaints that he has raised in his petition.
See Tex. R. App. P. 2 (Suspension of Rules); id. 9.5(a) (Service of All Documents
Required).
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