in Re: Fernando Garcia ( 2006 )

NUMBER 13-06-641-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: FERNANDO GARCIA

On Petition for Writ of Mandamus

MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Garza Memorandum Opinion Per Curiam

Relator, Fernando Garcia, filed a pro se petition for writ of mandamus in the above cause on December 4, 2006, in which he alleges that respondent, the Honorable Rodolfo Delgado, Presiding Judge of the 93rd Judicial District Court of Hidalgo County, Texas, abused his discretion by failing to enforce an alleged order issued by the Texas Court of Criminal Appeals, ordering respondent to allow relator to file an "out of time appeal" and to "proceed in a timely manner".

   The Court, having examined and fully considered the documents on file and petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Accordingly, the petition for writ of mandamus is DENIED.

PER CURIAM

    Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 21st day of December, 2006.