In re Garcia

Full title: IN RE: MANUEL RUBEN GARCIA, Relator

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

Date published: May 27, 2009

No. 08-09-00087-CR (Tex. App. May. 27, 2009)

Opinion

No. 08-09-00087-CR

May 27, 2009. DO NOT PUBLISH.

An Original Proceeding.

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

IN MANDAMUS

GUADALUPE RIVERA, Justice.

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Manuel Ruben Garcia has filed a pro se petition for writ of mandamus requesting this Court to order the Judge of the 143rd District Court of Ward County, Texas to "initiate process" regarding Relator's Motion for Forensic DNA Testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. 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. Garcia has not demonstrated he is entitled to mandamus relief. See Tex.R.App.P. 52.8. We therefore deny Relator's request.