In re State of Texas

Full title: IN RE THE STATE OF TEXAS, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 30, 2009

No. 05-09-00879-CV (Tex. App. Jul. 30, 2009)

Opinion

No. 05-09-00879-CV

Opinion issued July 30, 2009.

Original Proceeding from the County Court at Law No. 2, Kaufman County, Texas, Trial Court Cause No. 08CL-2205-2.

Before Justices MOSELEY, FITZGERALD, and LANG-MIERS.

MEMORANDUM OPINION

Opinion by Justice MOSELEY.

Relator contends the trial court violated a ministerial duty by granting real party in interest's objection to the introduction of certain evidence regarding field-sobriety tests. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See Tex. R. App. P. 52.8(a); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Accordingly, we DENY relator's petition for writ of mandamus.