Opinion
NUMBER 13-16-00337-CR
06-29-2016
IN RE RENE RIVAS JR.
On Petition for Writ of Mandamus.
ORDER
Before Justices Rodriguez, Benavides, and Perkes
Per CuriamOrder
Relator Rene Rivas Jr., proceeding pro se, filed a petition for writ of mandamus on June 27, 2016, through which he seeks to compel the trial court to grant a nunc pro tunc judgment and inform the Texas Department of Criminal Justice regarding the corrected judgment. According to relator, the Texas Department of Criminal Justice incorrectly believes that he has been convicted of aggravated sexual assault and that has affected his ability to obtain parole.
Relator was convicted in trial court case number 09-CR-856-D in the 103rd District Court. See generally In re Rivas, No. 13-14-00648-CR, 2014 WL 6085670, at *1 (Tex. App.—Corpus Christi Nov. 13, 2014, orig. proceeding) (mem. op. per curiam, not designated for publication) (denying mandamus relief regarding the trial court's alleged failure to act on relator's post-conviction motions for DNA testing); Rivas v. State, No. 13-11-00139-CR, 2012 WL 114198, at *1 (Tex. App.—Corpus Christi Jan. 12, 2012, pet. ref'd, untimely filed) (mem. op., not designated for publication) (affirming relator's convictions for assault and sexual assault under Anders v. California, 386 U.S. 738, 744 (1967)); Ex Parte Rivas, No. AP-76,502, 2011 WL 1158566, at *1 (Tex. Crim. App. Feb. 16, 2011) (per curiam, not designated for publication) (granting permission for an out-of-time appeal); Rivas v. State, No. 13-10-00119-CR, 2010 WL 2471754, at *1 (Tex. App.—Corpus Christi June 17, 2010, no pet.) (dismissing appeal as untimely). Relator also has another original proceeding pending in this Court in our cause number 13-16-00320-CR through which he contends that the trial court has not ruled on his motions for post-conviction DNA testing.
The Court requests that the real party in interest, the State of Texas, acting by and through the Cameron County District Attorney, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus on or before the expiration of ten days from the date of this order. See TEX. R. APP. P. 52.2, 52.4, 52.8.
IT IS SO ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 29th day of June, 2016.