in Re Jorge Oracio Benavides ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00886-CV
In re Jorge Oracio Benavides
ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY
MEMORANDUM OPINION
In 2009, Jorge Oracio Benavides was convicted of the offenses of organized
criminal activity and aggravated kidnapping, and the trial court entered an affirmative deadly-
weapon finding for each conviction. See Tex. Penal Code §§ 20.04, 71.02. Benavides has now
filed a petition for writ of mandamus challenging the propriety of the deadly-weapon findings.
See Tex. R. App. P. 52.1. In a prior petition, Benavides presented similar challenges to the
deadly-weapon findings, and this Court denied the petition because Benavides failed to show
that he had “a clear right to the relief sought.” See In re Benavides, No. 03-18-00382-CV,
2018 WL 3118085, at *2 (Tex. App.—Austin June 26, 2018, orig. proceeding) (mem. op.). For
the same reasons that we previously expressed, we deny Benavides’s current petition for writ of
mandamus. See Tex. R. App. P. 52.8(a).
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Kelly
Filed: December 18, 2019