In re Douthit

Full title: IN RE: SHANNON MARK DOUTHIT, Relator

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

Date published: Jun 10, 2009

No. 08-09-00092-CR (Tex. App. Jun. 10, 2009)

Opinion

No. 08-09-00092-CR

June 10, 2009. DO NOT PUBLISH.

AN ORIGINAL PROCEEDING IN MANDAMUS.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

ANN CRAWFORD McCLURE, Justice.

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Shannon Mark Douthit has filed a pro se petition for writ of mandamus requesting this Court to order the Honorable Curt Stein, Senior District Judge of Tom Green County, sitting by assignment in the 394th District Court, to vacate Relator's murder conviction. In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available; and (2) that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). An act is ministerial if it does not involve the exercise of any discretion. State ex rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Based on the petition and record provided, Mr. Douthit has not demonstrated he is entitled to mandamus relief. See Tex.R.App.P. 52.8. We therefore deny relator's request.