Opinion
No. 08-09-00265-CR
November 12, 2009. DO NOT PUBLISH.
AN ORIGINAL PROCEEDING IN MANDAMUS.
Before CHEW, C.J., MCCLURE, and RIVERA, JJ.
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator, Eric Flores, seeks a writ of mandamus to compel the Honorable David Guaderrama, Judge of the 243rd Judicial District Court, to discontinue "advancing the private interest of a person named [omitted] to convey the impression that he is in a special position to frivol-[sic] frivolously portray to be an assistant district attorney for the purpose of prosecuting [Relator] without due process of law." In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available and (2) that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals At Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). An act is ministerial if it does not involve the exercise of any discretion. State ex rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Based on the petition and record provided, Mr. Flores has not demonstrated he is entitled to mandamus relief. See Tex.R.App.P. 52.8. We therefore deny relator's request.