Opinion
No. 13-09-00271-CR
Memorandum Opinion delivered and filed May 19, 2009. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).
On Petition for Writ of Mandamus.
Before Chief Justice VALDEZ and Justices GARZA and VELA.
MEMORANDUM OPINION
Relator, Alejandro Mata, pro se, filed a petition for writ of mandamus in the above cause on May 18, 2009. We deny the petition as stated herein. Mandamus relief may be granted if the relator shows that: (1) the act sought to be compelled is purely ministerial; and (2) there is no adequate remedy at law. See Deleon v. Dist. Clerk, 187 S.W.3d 473, 474 (Tex.Crim.App. 2006) (orig. proceeding). The relator must have a "clear right" to the relief sought and the merits of the relief sought must be "beyond dispute." See id. "The requirement of a clear legal right necessitates that the law plainly describes the duty to be performed such that there is no room for the exercise of discretion." See id. The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. First, the petition for writ of mandamus fails to comply with the Texas Rules of Appellate Procedure. See generally Tex. R. App. P. 52.3. Specifically, for instance, the petition lacks an appendix and a record, fails to contain a "clear and concise argument for the contentions made, with appropriate citations to authorities and to the appendix or record," and is largely illegible. See id. 52.3(h). Second, relator has not met the requirements for mandamus relief. See Deleon, 187 S.W.3d at 474. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).