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In re Rodriguez

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Jul 9, 2004
No. 13-04-000343-CR (Tex. App. Jul. 9, 2004)

Opinion

No. 13-04-000343-CR

Opinion delivered and Filed July 9, 2004. DO NOT PUBLISH

On Petition for Writ of Mandamus.

Before Justices RODRIGUEZ, GARZA, and WITTIG.

Retired Justice Don Wittig assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to the government code. See Tex. Gov't Code Ann. § 74.003 (Vernon Supp. 2004).


MEMORANDUM OPINION


Relator Armando Rodriguez filed a "motion to compel trial court to produce trial records to pro-se petitioner" on July 6, 2004. This motion was not filed in accordance with any pending appeal and, accordingly, the Court will construe the same as an original proceeding. 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. See generally Tex.R.App.P. 52. The petition fails to attach any of the referenced underlying documentation and fails to establish that the district court: (1) had a legal duty to perform a nondiscretionary act, (2) was asked to perform the act, and (3) failed or refused to do so. See In re Chavez, 62 S.W.3d 225, 228 (Tex.App.-Amarillo 2001, orig. proceeding). Accordingly, the petition for writ of mandamus is hereby DENIED.


Summaries of

In re Rodriguez

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Jul 9, 2004
No. 13-04-000343-CR (Tex. App. Jul. 9, 2004)
Case details for

In re Rodriguez

Case Details

Full title:IN RE ARMANDO RODRIGUEZ

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

Date published: Jul 9, 2004

Citations

No. 13-04-000343-CR (Tex. App. Jul. 9, 2004)