in Re: Agustin Sanchez ( 2006 )

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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IN RE: AGUSTIN SANCHEZ,                       )                             No. 08-05-00382-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 his motion to withdraw counsel. 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.

February 9, 2006                                                        

                                                                                    ANN CRAWFORD McCLURE, Justice

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

(Do Not Publish)