in Re Gabriel Fontenette ( 2005 )

Opinion issued January 13, 2005

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-04-01131-CR

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IN RE GABRIEL FONTENETTE, Relator  

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

               Relator, Gabriel Fontenette, filed a pro se petition for writ of mandamus, requesting that this Court order respondent, the Honorable Mary Lou Keel, to grant a motion for judgment nunc pro tunc that relator filed in the district court in cause numbers 577714, 577715, and 577547. We deny the petition.

               A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). Relator has not provided this Court with a record demonstrating that respondent’s overruling of his motion for judgment nunc pro tunc was a clear abuse of discretion.

               The petition for writ of mandamus is therefore denied.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).