Opinion
10-23-00110-CR
05-24-2023
IN RE BOBBY ROY CHILDERS
Original Proceeding
From the 54th District Court McLennan County, Texas Trial Court No. 2008-466-C1
Before Chief Justice Gray Justice Johnson Justice Smith
MEMORANDUM OPINION
STEVE SMITH JUSTICE
This is an original proceeding in which relator Bobby Roy Childers, a pro se inmate, challenges the sufficiency of the evidence to support the assessment of fees, court costs, attorney fees and fines in trial court cause number 2008-466-C1.
In a criminal mandamus, the relator must show that he has no adequate remedy at law and what he seeks to compel is a ministerial act not involving a discretionary or judicial decision. In re Pierce, 586 S.W.3d 566, 569 (Tex. App.-Waco 2019, orig. proceeding). An act is ministerial if relator can show a clear right to the relief sought. Id. Mandamus is not available to compel a discretionary act as distinguished from a ministerial act. Id.
The sufficiency of the evidence to support assessments of costs contained within judgments may be directly appealed. See Mayer v. State, 309 S.W.3d 552, 555 (Tex. Crim. App. 2010). The judgment he complains of was rendered more than a decade ago and the time for appealing that judgment has long since passed. See TEX. R. APP. P. 26.2. Because relator has failed to show that he lacks an adequate remedy at law, he has not met his burden to obtain mandamus relief. In re Pierce, 586 S.W.3d at 569.
The petition for writ of mandamus filed on April 12, 2023 by relator Bobby Roy Childers is denied.