DENIED and Opinion Filed February 24, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00005-CV

IN RE JUAN FRANCISCO TURCIOS, Relator

Original Proceeding from the 203rd Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F11-70886-P & F11-70896-P

MEMORANDUM OPINION

Before Justices Myers, Partida-Kipness, and Carlyle

Opinion by Justice Myers

Juan Francisco Turcios has filed a petition for writ of mandamus requesting 

the Court to compel the trial court, the Dallas County District Attorney, or the Dallas 

Police Department to produce two police offense reports that he alleges the 

prosecution withheld from him before he entered a negotiated guilty plea. Relator 

contends he needs the reports for use in a pending federal case. Relator states he 

has subpoenaed the reports from the police department. He does not allege he has 

any pending motions before the trial court.

This Court has jurisdiction to act only when the action is authorized by law. 

See Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). Texas law 
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authorizes a court of appeals to issue writs of mandamus against district and county 

judges and against other parties when necessary to enforce the court’s appellate 

jurisdiction. See TEX. GOV’T CODE ANN. § 22.221(a), (b). Relator’s requested 

mandamus relief does not involve enforcing the appellate jurisdiction of this Court. 

Therefore, we do not have jurisdiction to issue a writ of mandamus against the Dallas 

County District Attorney and the Dallas Police Department. See id.; see also In re 

Tarver, No. 05-20-00926-CV, 2020 WL 6866567, at *1 (Tex. App.—Dallas Nov. 

23, 2020, original proceeding) (mem. op.) (court of appeals lacks mandamus 

jurisdiction to order police department to turn over report); In re Butler, No. 01-13-

00177-CR, 2013 WL 1136856, at *1 (Tex. App.—Houston [1st Dist.] Mar. 19, 2013, 

orig. proceeding) (mem. op. per curiam, not designated for publication) (court of 

appeals has no jurisdiction to grant mandamus relief ordering police officials to 

compel production of reports).

To establish a right to mandamus relief against the trial court, relator must 

show that the trial court violated a ministerial duty and he has no adequate remedy 

at law. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. 

proceeding). Relator alleges only that the prosecutor withheld the documents before 

trial and the police department has not responded to his subpoena. He does not 

indicate he has any pending, unresolved motions before the trial court or has 

requested the trial court perform a ministerial duty.
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Furthermore, as the party seeking relief, the relator has the burden of 

providing the Court with a sufficient mandamus record to establish his right to 

mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. 

proceeding). Relator has not filed any documents with this Court. See TEX. R. APP.

P. 52.3(k), 52.7(a) (requiring relator to file with his petition certified or sworn copies 

of orders and documents material to his claims). 

The record before us does not show relator requested, or the trial court has 

failed to perform, any ministerial duty. Without a record showing the trial court has 

refused to perform some ministerial duty, relator has not shown he is entitled to 

mandamus relief against the trial court. See Weeks, 391 S.W.3d at 122; Walker, 827 

S.W.2d at 837.

Having concluded we lack jurisdiction over the Dallas County District 

Attorney and the Dallas Police Department, and further concluding there is no 

showing of a basis for relief against the trial court, we deny the petition. See TEX.

R. APP. P. 52.8.

 

210005F.P05

/Lana Myers/

LANA MYERS

JUSTICE