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In re Burden

Court of Appeals of Texas, Ninth District, Beaumont
Jun 12, 2008
No. 09-08-228 CV (Tex. App. Jun. 12, 2008)

Opinion

No. 09-08-228 CV

Opinion Delivered June 12, 2008.

Original Proceeding.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


Relator Douglas Alan Burden seeks relief to compel the trial court to certify that he has a right of appeal. Because the information received from the trial court in Burden's underlying criminal case indicated that the case was a plea bargain, and did not involve revocation of community supervision, this Court issued an opinion dismissing relator's appeal for want of jurisdiction on August 7, 2003. See Burden v. State, No. 09-03-284-CR, 2003 WL 21831899, at *1 (Tex.App.-Beaumont Aug. 7, 2003, no pet.) (not designated for publication). Therefore, the trial court's only duty was to enforce our mandate, which issued on October 21, 2003. See Tex. R. App. P. 51.2. Relator has not demonstrated that he is entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Accordingly, we deny relief on the petition for writ of mandamus.

PETITION DENIED.


Summaries of

In re Burden

Court of Appeals of Texas, Ninth District, Beaumont
Jun 12, 2008
No. 09-08-228 CV (Tex. App. Jun. 12, 2008)
Case details for

In re Burden

Case Details

Full title:IN RE DOUGLAS ALAN BURDEN

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jun 12, 2008

Citations

No. 09-08-228 CV (Tex. App. Jun. 12, 2008)

Citing Cases

In re Burden

We addressed this issue in a previous petition for writ of mandamus filed by Burden. In re Burden, No.…

In re Burden

; In re Burden, No. 09-09-00403-CV, 2009 WL 3030335, at *1 (Tex. App.—Beaumont Sept. 24, 2009, orig.…