in Re: Roberto Perales ( 2004 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 18, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 18, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00847-CV

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IN RE ROBERTO PERALES, Relator

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ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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M E M O R A N D U M   O P I N I O N

On September 1, 2004, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator complains that the trial judge failed to set a hearing on relator=s application for writ of habeas corpus.  The trial judge has filed findings of fact and conclusions of law in relator=s appeal in this court (case number 14-04-00803-CR), finding that the application for writ of habeas corpus was considered and denied on January 14, 1992.

Relator has not established that he is entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed November 18, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.