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In re Luevano

Court of Appeals of Texas, Eighth District, El Paso
Jul 7, 2010
No. 08-10-00151-CR (Tex. App. Jul. 7, 2010)

Opinion

No. 08-10-00151-CR

July 7, 2010. DO NOT PUBLISH.

An Original Proceeding. In Mandamus.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.


MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS


Jamie Luevano, pro se, has filed a petition for writ of mandamus requesting this Court to appoint attorney, Mr. John Mobbs, as "co-counsel" on appeal. 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, Relator has not demonstrated he is entitled to mandamus relief. See TEX.R.APP.P. 52.8. Therefore, the mandamus relief requested is DENIED.


Summaries of

In re Luevano

Court of Appeals of Texas, Eighth District, El Paso
Jul 7, 2010
No. 08-10-00151-CR (Tex. App. Jul. 7, 2010)
Case details for

In re Luevano

Case Details

Full title:IN RE: JAMIE LUEVANO, Relator

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Jul 7, 2010

Citations

No. 08-10-00151-CR (Tex. App. Jul. 7, 2010)