In re Perales

Full title: IN RE: ROMAN VALVERDE PERALES

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi

Date published: Aug 28, 2006

No. 13-06-00451-CR (Tex. App. Aug. 28, 2006)

Opinion

No. 13-06-00451-CR

Memorandum Opinion delivered and filed August 28, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Petition for Writ of Prohibition.

Before Justices HINOJOSA, YAÑEZ, and GARZA.

MEMORANDUM OPINION

PER CURIAM Memorandum Opinion[fn1] [fn1] 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).

Relator, Roman Valverde Perales, filed a pro se petition for writ of prohibition in the above cause on August 14, 2006, in which he requested this Court to direct the Honorable Laura A. Weiser, presiding judge of the County Court-at-Law No. 1 of Victoria County, Texas, to set aside 1) an order dated July 14, 2006 granting the issuance of capias in trial court cause No. 1-77,577 and 2) an order changing the beginning date of probation issued on August 10, 2005 in the same cause. Relator also filed a pro se motion for emergency stay in which he requested this Court to stay 1) the July 14, 2006 order granting capias and 2) the order of August 10, 2005. Relator's petition contains the following summary of this Court's prior actions:

On August 26, 2005, Relator filed a petition for writ of mandamus in this Honorable Court to set aside the order of August 10, 2005 as void. The State filed a response as requested. On September 8, 2005, this Court in Cause No. 13-05-00544-CR, styled "In re Roman Valverde Perales," denied the petition. On May 5, 2006, Relator filed a second petition for writ of mandamus. The State filed a response as requested. The petition challenged the orders of July 21, 2004 and August 10, 2005 as void. On June 8, 2006, this Court in Cause No. 13-06-00239-CR, denied the petition for writ of mandamus and lifted the stay of May 11, 2006 that stayed the orders. Motion for rehearing was denied on July 27, 2006. A petition was filed on July 26, 2006 to set aside the order issuing capias and capias, as void. The petition was also denied on July 27, 2006 in Cause No. 13-06-00420-CR.

The Court, having examined and fully considered the petition for writ of prohibition, motion for emergency stay, and documents on file, is of the opinion that the petition for writ of prohibition and motion for emergency stay should be denied. The Court also advises relator that further petitions seeking the same relief and based on the same facts as described above will not be favorably received by this Court. Relator's petition for writ of prohibition and motion for emergency stay are hereby DENIED. See TEX. R. APP. P. 52.8.