in Re: Alfredo Perales ( 2005 )

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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IN RE: ALFREDO PERALES,                       )                  No. 08-05-00351-CR

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                                                Relator.                )                 AN ORIGINAL PROCEEDING

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)IN MANDAMUS

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O P I N I O N

            Relator seeks a writ of mandamus to compel the trial court to respond to a motion he mailed on October 11, 2005. Relator states that he does not know the court or the trial cause number for his case. Relator has not provided a copy of the motion. To obtain mandamus relief in a criminal matter, the relator must establish: (1) the act sought to be compelled is ministerial, and (2) there is no adequate remedy at law. Dickens v. Court of Appeals for Second Supreme Judicial District of Texas, 727 S.W.2d 542, 548 (Tex.Crim.App. 1987). Based on the record before us, we are unable to conclude that Relator is entitled to the relief requested. Accordingly, the petition for writ of mandamus is denied.

December 22, 2005                                                    

                                                                                    ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)