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In Re: Bustos, 08-03-00416-CR

Court of Appeals of Texas, Eighth District, El Paso
Sep 25, 2003
No. 08-03-00416-CR (Tex. App. Sep. 25, 2003)

Opinion

No. 08-03-00416-CR

September 25, 2003. DO NOT PUBLISH.

An Original Proceeding In Mandamus.

Before Panel No. 1: LARSEN, McCLURE, and CHEW, JJ.


MEMORANDUM OPINION


Relator Victor Bustos seeks a writ of mandamus to compel the trial court to reconsider the jury's guilty verdict in an underlying criminal case. This Court has authority to issue a writ of mandamus in a criminal law matter only if two conditions are met: (1) there is no adequate remedy at law; and (2) the act sought to be compelled is ministerial. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991). Relator has not established either of these conditions. Instead, his petition is an improper collateral attack on his conviction. Accordingly, the petition for writ of mandamus is denied.


Summaries of

In Re: Bustos, 08-03-00416-CR

Court of Appeals of Texas, Eighth District, El Paso
Sep 25, 2003
No. 08-03-00416-CR (Tex. App. Sep. 25, 2003)
Case details for

In Re: Bustos, 08-03-00416-CR

Case Details

Full title:IN RE: VICTOR BUSTOS

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

Date published: Sep 25, 2003

Citations

No. 08-03-00416-CR (Tex. App. Sep. 25, 2003)

Citing Cases

In re Bustos

This is Relator's second attempt to overturn his conviction by way of an original proceeding in this court.…