in Re Frediz De La Cruz-De La Cruz ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00577-CR
IN RE Frediz DE LA CRUZ-DE LA CRUZ, Relator
Original Proceeding 1
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: February 16, 2022
PETITION FOR WRIT OF MANDAMUS DENIED
On December 22, 2021, relator filed a petition for writ of mandamus “seeking to compel
the Kinney County Judge to vacate his order firing three appointed judges and denying their control
over their own dockets.” 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.
Mandamus is an extraordinary remedy, available only when the relator can show (1) the
trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no
adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig.
proceeding). After considering the petition and the record, this court concludes relator did not show
1
This proceeding arises out of Cause No. 11254CR, styled State of Texas v. Frediz De La Cruz-De La Cruz, pending
in the County Court, Kinney County, Texas, the Honorable Tully Shahan presiding.
04-21-00577-CR
he is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See
TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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