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In re Trejo

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Feb 13, 2009
No. 13-09-00061-CR (Tex. App. Feb. 13, 2009)

Opinion

No. 13-09-00061-CR

Opinion delivered and filed February 13, 2009. DO NOT PUBLISH. See Tex. R. App. P. 47.2(b).

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.


MEMORANDUM OPINION


Relator, Jose Manuel Trejo, pro se, filed a petition for writ of mandamus in the above cause on February 9, 2009, through which he contends that the trial court committed charge error in 1986 in connection with relator's conviction for burglary. According to relator, his conviction has already been the subject of direct appeal and a writ of habeas corpus. Mandamus relief may be granted if the relator shows that: (1) the act sought to be compelled is purely ministerial; and (2) there is no adequate remedy at law. See Deleon v. Dist. Clerk, 187 S.W.3d 473, 474 (Tex.Crim.App. 2006) (orig. proceeding). The relator must have a "clear right" to the relief sought and the merits of the relief sought must be "beyond dispute." See id. "The requirement of a clear legal right necessitates that the law plainly describes the duty to be performed such that there is no room for the exercise of discretion." See id. 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. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).


Summaries of

In re Trejo

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Feb 13, 2009
No. 13-09-00061-CR (Tex. App. Feb. 13, 2009)
Case details for

In re Trejo

Case Details

Full title:IN RE JOSE MANUEL TREJO

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

Date published: Feb 13, 2009

Citations

No. 13-09-00061-CR (Tex. App. Feb. 13, 2009)