Opinion
No. 04-12-00152-CR
03-21-2012
IN RE Robert James WATSON
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 11-1543-CR, styled State of Texas v. Robert James Watson, in the 274th Judicial District Court, Guadalupe County, Texas, the Honorable Gary Steel presiding.
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On March 12, 2012, relator Robert James Watson filed a petition for writ of mandamus, asking this court to set aside the judgment and dismiss the indictment against him. However, in a criminal case, in order to be entitled to mandamus relief relator must establish: "(1) he has no other adequate legal remedy; and (2) under the relevant facts and law, the act sought to be compelled is purely ministerial." In re Reed, 137 S.W.3d 676, 678 (Tex. App.—San Antonio 2004, orig. proceeding) (citing State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001)). The court has considered relator's petition and is of the opinion that relator has not established he is entitled to mandamus relief. Id. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM DO NOT PUBLISH