Opinion
NUMBER 13-16-00648-CR
11-30-2016
IN RE THE STATE OF TEXAS EX REL. STEPHEN B. TYLER
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Memorandum OpinionPer Curiam
The State of Texas, ex rel. Stephen B. Tyler, the Criminal District Attorney of Victoria County, Texas, Texas, filed a petition for writ of mandamus and application for emergency stay in the above cause on November 30, 2016. Relator seeks to compel the trial court to submit both Count One and Count Three of the charges against the real party in interest, Joe David Cuellar, to the jury in the ongoing trial below.
To be entitled to mandamus relief, the relator must establish both that he has no adequate remedy at law to redress his alleged harm, and that what he seeks to compel is a purely ministerial act not involving a discretionary or judicial decision. In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding); In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). If the relator fails to meet both of these requirements, then the petition for writ of mandamus should be denied. State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007).
The Court, having examined and fully considered the petition for writ of mandamus and the applicable law, is of the opinion that the relator has not met the burden to obtain mandamus relief. See State ex rel. Young, 236 S.W.3d at 210. Accordingly, relator's petition for writ of mandamus and application for emergency stay are DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 30th day of November, 2016.
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).