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In re Cuellar

Court of Appeals of Texas, Fourth District, San Antonio
Mar 16, 2005
No. 04-05-00133-CV (Tex. App. Mar. 16, 2005)

Opinion

No. 04-05-00133-CV

Delivered and filed: March 16, 2005.

Original Mandamus Proceeding.

This proceeding arises out of Cause No. 94-CR-5154B, styled State of Texas v. Jesse Cuellar, filed in the 187th Judicial District Court, Bexar County, Texas. However, relator does not complain about any actions taken by the trial court. Instead, the respondent in this proceeding is Brad Livingston, Interim Director of the Texas Department of Criminal Justice, Correctional Institutional Division.

Petition for Writ of Mandamus Denied.

Sitting: Alma L. LÓPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.


MEMORANDUM OPINION


On March 3, 2005, relator filed a petition for writ of mandamus, in which he asserts that the respondent altered the trial court's judgment to reflect a deadly weapon finding in his underlying criminal conviction. Insofar as relator is complaining about the actions of jail administrators in improperly considering matters that should not be considered, this constitutes a post-conviction collateral attack that would lie with the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2005); In re Burden, 125 S.W.3d 783, 784 (Tex.App.-Texarkana 2004, orig. proceeding); see also Ex parte Shook, 59 S.W.3d 174, 175-76 (Tex.Crim.App. 2001).

For these reasons, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. TEX. R. APP. P. 52.8(a).


Summaries of

In re Cuellar

Court of Appeals of Texas, Fourth District, San Antonio
Mar 16, 2005
No. 04-05-00133-CV (Tex. App. Mar. 16, 2005)
Case details for

In re Cuellar

Case Details

Full title:IN RE JESSE RAY CUELLAR

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Mar 16, 2005

Citations

No. 04-05-00133-CV (Tex. App. Mar. 16, 2005)