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In re Henry

Court of Appeals Ninth District of Texas at Beaumont
Jul 25, 2012
NO. 09-12-00309-CR (Tex. App. Jul. 25, 2012)

Opinion

NO. 09-12-00309-CR

07-25-2012

IN RE WILLIE HENRY, III


Original Proceeding


MEMORANDUM OPINION

Relator Willie Henry, III filed a petition for writ of mandamus with this Court. Henry's petition apparently seeks to attack the judgment in his underlying criminal case, alleging (1) the trial court lacked jurisdiction and (2) the evidence was insufficient thereby rendering the judgment void. The judgment Henry complains of and the attached exhibits pertain to trial cause number 98575, which was previously appealed to this Court and affirmed. See Henry v. State, No. 09-09-00029-CR, 2009 WL 2044819 (Tex. App.— Beaumont July 15, 2009, no pet.) (mem. op., not designated for publication).

Relator has not demonstrated that he is clearly entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of mandamus, a relator must establish that the trial court failed to perform a ministerial duty, and that relator has no other adequate legal remedy.). Accordingly, we deny relief on the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

In re Henry

Court of Appeals Ninth District of Texas at Beaumont
Jul 25, 2012
NO. 09-12-00309-CR (Tex. App. Jul. 25, 2012)
Case details for

In re Henry

Case Details

Full title:IN RE WILLIE HENRY, III

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Jul 25, 2012

Citations

NO. 09-12-00309-CR (Tex. App. Jul. 25, 2012)

Citing Cases

In re Henry

See In re Henry, No. 09-12-00513-CR, 2012 WL 5954140 (Tex. App.—Beaumont Nov. 28, 2012, orig. proceeding)…

In re Henry

In addition, this Court has previously addressed a mandamus proceeding filed by Henry, in which Henry made…