in Re Elio Enay Rudamas ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00578-CR
IN RE Elio Enay RUDAMAS
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: February 2, 2022
PETITION FOR WRIT OF MANDAMUS DENIED
On December 22, 2021, relator filed a petition for writ of mandamus challenging the trial
court’s “order appointing judges under Texas Government Code section 26.024.” We issued an
order requesting a response. The State filed an initial response on January 4, 2022 and an amended
response on January 11, 2022. Relator filed replies on January 6, 2022 and January 12, 2022.
We may issue writs of mandamus to correct an abuse of discretion, but only when agreeable
to principles of law. See TEX. GOV’T CODE ANN. § 22.221(b). To establish a right to mandamus
relief in a criminal case, a relator has the burden of providing this court with a record sufficient to
establish the trial court violated a ministerial duty and there is no adequate remedy at law. See
1
This proceeding arises out of Cause No. 11304-CR, styled State of Texas v. Elio Enay Rudamas, pending in the
County Court, Kinney County, Texas, the Honorable Tully Shahan presiding.
04-21-00578-CR
TEX. R. APP. P. 52.3(k)(1)(A); id. 52.6(a)(1); see also In re Soliz, No. 04-18-00565-CR, 2018 WL
3998463, at *1 (Tex. App.—San Antonio Aug. 22, 2018, orig. proceeding).
Here, relator did not provide this court with a copy of the trial court’s order or other written
document appointing new judges to assist in Kinney County. Because relator did not provide this
court with a sufficient record, relator has not shown himself entitled to mandamus relief.
Accordingly, relator’s petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Do not publish
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