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In re Gomez

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 19, 2014
NUMBER 13-14-00663-CR (Tex. App. Nov. 19, 2014)

Opinion

NUMBER 13-14-00663-CR

11-19-2014

IN RE DANIEL GOMEZ


On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam

Relator, Daniel Gomez, proceeding pro se, filed a petition for writ of mandamus on November 18, 2014, through which he seeks to compel the trial court to "rule on [a] Motion, titled 'Petition for Writ of Execution,' directing the Texas Department of Criminal Justice (T.D.C.J) to recognize and obey the Court order concerning the explicit details of Relator's plea bargain agreement that has him incarcerated."

To be entitled to mandamus relief, relator must establish both that he has no adequate remedy at law to redress his alleged harm, and that what he seeks to compel is a ministerial act not involving a discretionary or judicial decision. State ex rel. Young v. Sixth Jud. Dist. Ct. of App. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007). If relator fails to meet both of these requirements, then the petition for writ of mandamus should be denied. See id. It is relator's burden to properly request and show entitlement to mandamus relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding) ("Even a pro se applicant for a writ of mandamus must show himself entitled to the extraordinary relief he seeks."). In addition to other requirements, relator must include a statement of facts supported by citations to "competent evidence included in the appendix or record," and must also provide "a clear and concise argument for the contentions made, with appropriate citations to authorities and to the appendix or record." See generally TEX. R. APP. P. 52.3. In this regard, it is clear that relator must furnish an appendix or record sufficient to support the claim for mandamus relief. See id. R. 52.3(k) (specifying the required contents for the appendix); R. 52.7(a) (specifying the required contents for the record).

The Court, having examined and fully considered the petition for writ of mandamus and the applicable law, is of the opinion that relator has not met his burden to obtain mandamus relief. See State ex rel. Young, 236 S.W.3d at 210. Accordingly, relator's petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the 19th day of November, 2014.

See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).


Summaries of

In re Gomez

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 19, 2014
NUMBER 13-14-00663-CR (Tex. App. Nov. 19, 2014)
Case details for

In re Gomez

Case Details

Full title:IN RE DANIEL GOMEZ

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Nov 19, 2014

Citations

NUMBER 13-14-00663-CR (Tex. App. Nov. 19, 2014)