in Re Douglas Alan Burden ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-08-228 CV ____________________

IN RE DOUGLAS ALAN BURDEN

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Original Proceeding

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MEMORANDUM OPINION

Relator Douglas Alan Burden seeks relief to compel the trial court to certify that he has a right of appeal. Because the information received from the trial court in Burden's underlying criminal case indicated that the case was a plea bargain, and did not involve revocation of community supervision, this Court issued an opinion dismissing relator's appeal for want of jurisdiction on August 7, 2003. See Burden v. State, No. 09-03-284-CR, 2003 WL 21831899, at *1 (Tex. App.--Beaumont Aug. 7, 2003, no pet.) (not designated for publication). Therefore, the trial court's only duty was to enforce our mandate, which issued on October 21, 2003. See Tex. R. App. P. 51.2. Relator has not demonstrated that he is entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Accordingly, we deny relief on the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered June 12, 2008

Before McKeithen, C.J., Kreger and Horton, JJ.