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In re Luevano

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 21, 2014
No. 08-14-00145-CR (Tex. App. May. 21, 2014)

Opinion

No. 08-14-00145-CR

05-21-2014

IN RE JAIME LUEVANO, RELATOR.


ORIGINAL PROCEEDING


ON PETITION FOR WRIT OF


MANDAMUS


MEMORANDUM OPINION

Relator, Jaime Luevano, a Texas inmate, has filed a petition for writ of mandamus against the Honorable Sam Medrano, Judge of the 409th District Court of El Paso County, Texas asking that we order Respondent to re-sentence Relator. We deny mandamus relief.

A party seeking a writ of mandamus in a criminal case must make two showings: (1) that there is no adequate remedy at law to redress the alleged harm; and (2) that the act the relator seeks to compel is ministerial rather than discretionary in nature. See e.g. Board of Pardons and Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995)(orig. proceeding); In re State of Texas, 304 S.W.3d 581, 583 (Tex.App.--El Paso 2010, orig. proceeding). Relator has failed to make either of the required showings. Accordingly, we deny the relief requested.

YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.
Rivera, J. (Not Participating)


Summaries of

In re Luevano

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 21, 2014
No. 08-14-00145-CR (Tex. App. May. 21, 2014)
Case details for

In re Luevano

Case Details

Full title:IN RE JAIME LUEVANO, RELATOR.

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: May 21, 2014

Citations

No. 08-14-00145-CR (Tex. App. May. 21, 2014)