Opinion
No. 04-20-00332-CR
07-15-2020
IN RE Michael Omar LOPEZ
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Rebeca C. Martinez, Justice Irene Rios, Justice Liza A. Rodriguez, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2012CR1981, styled The State of Texas v. Michael Omar Lopez, pending in the 290th Judicial District Court, Bexar County, the Honorable Melisa Skinner.
On June 26, 2020, relator filed a pro se petition for writ of mandamus. Relator also filed a motion for leave to file a petition for writ of mandamus.
We deny as moot relator's request to file a petition for writ of mandamus because leave is not required to file a petition in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re Medina, 04-19-00041-CR, 2019 WL 360534, at *1 (Tex. App.—San Antonio Jan. 30, 2019, no pet.).
In his petition, relator asks this court to order the trial court to "reverse, remand, or vacate and set aside [the] judgment of conviction" in his underlying criminal case. In 2014, this court dismissed his appeal for lack of jurisdiction. See Lopez v. State, 04-14-00476-CR, 2014 WL 3930427, at *1 (Tex. App.—San Antonio Aug. 13, 2014, no pet.) (per curiam) (mem. op., not designated for publication). The judgment of the trial court is now final. Because relator had an adequate remedy by appeal, he is not entitled to mandamus relief. Therefore, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM Do not publish