in Re Anthony Leon Summers ( 2004 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-448 CV ____________________

IN RE ANTHONY LEON SUMMERS

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Original Proceeding

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MEMORANDUM OPINION ⁽¹⁾  

On October 22, 2004, Anthony Leon Summers filed a petition for writ of mandamus. The relator seeks an order to compel the Honorable Patrick Clark, Judge of the 128th District Court of Orange County, Texas, to grant his petition for expunction of arrest records in nineteen cases.

We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). In this case, however, the relator has not shown that he cannot raise the issue through regular appeal. Furthermore, the relator has not shown that no other adequate remedy at law is available through habeas corpus. See Banales v. Court of Appeals for the Thirteenth Judicial Dist., 93 S.W.3d 33, 36 (Tex. Crim. App. 2002).

The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered November 4, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.