in Re: Eric Flores ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-19-00104-CR
IN RE
§ ORIGINAL PROCEEDING
ERIC FLORES,
§ ON PETITION FOR WRIT OF
RELATOR.
§ MANDAMUS
MEMORANDUM OPINION
Relator, Eric Flores, has filed a petition for writ of mandamus against the Honorable Maria
Salas-Mendoza, Judge of the 120th District Court of El Paso County, Texas. Relator asks the
Court to order Respondent to enter a default judgment against the State on Relator’s Article 11.07
application for writ of habeas corpus filed in trial court cause number 20110D01621-120-10. The
petition for writ of mandamus is dismissed.
To be entitled to mandamus relief, a relator must meet two requirements. The relator must
establishes (1) that he has no adequate remedy at law to redress his alleged harm, and (2) that what
he seeks to compel is a ministerial act, not a discretionary or judicial decision. In re Allen, 462
S.W.3d 47, 49 (Tex.Crim.App. 2015). The Court of Criminal Appeals has exclusive jurisdiction
to grant relief in a post-conviction habeas corpus proceeding where there is a final felony
conviction. Padieu v. Court of Appeals of Texas, Fifth District, 392 S.W.3d 115, 117
(Tex.Crim.App. 2013). We do not have jurisdiction to order the trial court to grant habeas corpus
relief. Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.
April 30, 2019
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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