Opinion
No. 05-09-00932-CV
Opinion Filed August 17, 2009.
Original Proceeding from the Criminal District Court No. 7, Dallas County, Texas, Trial Court Cause No. F08-24667.
Before Justices BRIDGES, RICHTER, and LANG.
MEMORANDUM OPINION
On the Court's own motion, we withdraw our opinion of August 7, 2009. Relator contends the trial court violated a ministerial duty by granting real party in interest's Batson challenge against the State's peremptory strike of venireman Robert Lee Patterson. 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 Texas ex rel. Hill v. Court of Appeals for the Fifth Dist., 67 S.W.3d 177, 180-81 (Tex. Crim. App. 2001); 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.