In re Trejo

Full title: IN RE JOSE MANUEL TREJO

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Mar 20, 2008

No. 13-08-083-CR (Tex. App. Mar. 20, 2008)

Opinion

No. 13-08-083-CR

Opinion delivered and filed March 20, 2008. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).

On Petition for Writ of Mandamus.

Before Chief Justice, VALDEZ and Justices GARZA and BENAVIDES.

MEMORANDUM OPINION

PER CURIAM Memorandum Opinion[fn1]. [fn1] See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

Relator, Jose Manuel Trejo, proceeding pro se, has filed a petition for mandamus relief by which he requests this Court to direct respondent, the Honorable Margarito Garza,² Judge of the 148th Judicial District Court of Nueces County, Texas, to issue a judgment nunc pro tunc convicting relator of robbery instead of aggravated robbery. This Court requested a response from the real party in interest, the Honorable Carlos Valdez, the district attorney of Nueces County, Texas, and a response was timely filed. The Court, having examined and fully considered the petition for writ of mandamus and the response, is of the opinion that relator has not shown himself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8(a). Accordingly, the petition for writ of mandamus is DENIED.

2 The Honorable Margarito Garza is no longer the presiding judge of the 148th Judicial District Court of Nueces County, Texas.