in Re: Eric Dee Mildon ( 2018 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN RE: No. 08-18-00201-CR
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ERIC DEE MILDON, AN ORIGINAL PROCEEDING
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Relator. IN MANDAMUS
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MEMORANDUM OPINION
Eric Dee Mildon has filed a petition for writ of mandamus against the Honorable Yahara
Gutierrez, Judge of the 65th District Court of El Paso County, Texas. He asks that we order
Respondent to amend the judgment in cause number 68638, styled The State of Texas v. Erik
Mildon, to remove any requirement that Relator report as a sex offender. The petition for writ of
mandamus is denied.
To be entitled to mandamus relief, the relator must make two showings: (1) that he has no
adequate remedy at law; and (2) that what he seeks to compel is a ministerial act. In re State ex
rel. Weeks, 391 S.W.3d 117, 122 (Tex.Crim.App. 2013); see In re State of Texas, 162 S.W.3d 672,
675 (Tex.App.--El Paso 2005, orig. proceeding). The ministerial act requirement is satisfied if the
relator can show a clear right to the relief sought. Weeks, 391 S.W.3d at 122. A clear right to
relief is shown when the facts and circumstances dictate but one rational decision “under
unequivocal, well-settled (i.e., from extant statutory, constitutional, or case law sources), and
clearly controlling legal principles.” Id., quoting Bowen v. Carnes, 343 S.W.3d 805, 810
(Tex.Crim.App. 2011).
After reviewing the mandamus petition and attached evidence, we conclude that Relator
has failed to show he is entitled to mandamus relief. Accordingly, the petition for writ of
mandamus is denied.
GINA M. PALAFOX, Justice
November 28, 2018
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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