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In re De La Cruz

Court of Appeals of Texas, Fourth District, San Antonio
Feb 16, 2022
No. 04-21-00577-CR (Tex. App. Feb. 16, 2022)

Opinion

04-21-00577-CR

02-16-2022

IN RE Frediz DE LA CRUZ-DE LA CRUZ, Relator


DO NOT PUBLISH

Original Proceeding

This proceeding arises out of Cause No. 11254CR, styled State of Texas v. Frediz De La Cruz-De La Cruz, pending in the County Court, Kinney County, Texas, the Honorable Tully Shahan presiding.

Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice, Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM

On December 22, 2021, relator filed a petition for writ of mandamus "seeking to compel the Kinney County Judge to vacate his order firing three appointed judges and denying their control over their own dockets." We issued an order requesting a response. The State filed an initial response on January 4, 2022 and an amended response on January 11, 2022. Relator filed replies on January 6, 2022 and January 12, 2022.

Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relator did not show 1 he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

PETITION FOR WRIT OF MANDAMUS DENIED 2


Summaries of

In re De La Cruz

Court of Appeals of Texas, Fourth District, San Antonio
Feb 16, 2022
No. 04-21-00577-CR (Tex. App. Feb. 16, 2022)
Case details for

In re De La Cruz

Case Details

Full title:IN RE Frediz DE LA CRUZ-DE LA CRUZ, Relator

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

Date published: Feb 16, 2022

Citations

No. 04-21-00577-CR (Tex. App. Feb. 16, 2022)