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In re Trevino

Fourth Court of Appeals San Antonio, Texas
Apr 22, 2015
No. 04-15-00128-CR (Tex. App. Apr. 22, 2015)

Opinion

No. 04-15-00128-CR

04-22-2015

IN RE Eduardo TREVINO


Original Mandamus Proceeding

This proceeding arises out of Cause Nos. 1999CR4085, 1999CR6204, and 1999CR6205, each styled The State of Texas v. Eduardo Trevino, pending in the 144th Judicial District Court, Bexar County, Texas, the Lorina I. Rummel presiding.

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice

On March 9, 2015, relator Eduardo Trevino filed a petition for writ of mandamus complaining of the trial court's failure to rule on a pending motion. On April 8, 2015, this court issued its opinion denying the mandamus petition as moot due to the trial court's order signed March 20, 2015, ruling on relator's motion.

Relator subsequently filed a motion to modify, asking this court to amend the trial court's order to include additional relief. In an original proceeding alleging the trial court's failure to rule on a pending motion, appropriate relief is limited to an order directing the trial court to consider and rule upon the motion. We may not tell the trial court how it should rule. See In re Ramirez, 994 S.W.2d 682, 684 (Tex. App.—San Antonio 1998, orig. proceeding). Relator's motion is DENIED.

It is so ORDERED on April 22, 2015.

PER CURIAM

ATTESTED TO: /s/_________

Keith E. Hottle, Clerk


Summaries of

In re Trevino

Fourth Court of Appeals San Antonio, Texas
Apr 22, 2015
No. 04-15-00128-CR (Tex. App. Apr. 22, 2015)
Case details for

In re Trevino

Case Details

Full title:IN RE Eduardo TREVINO

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 22, 2015

Citations

No. 04-15-00128-CR (Tex. App. Apr. 22, 2015)