in Re: Victor Bustos ( 2004 )

Criminal Case Template

  COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: VICTOR BUSTOS, Relator.

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No. 08-04-00017-CR AN ORIGINAL PROCEEDING IN MANDAMUS

OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator Victor Bustos has filed a petition for writ of mandamus, seeking to compel the trial judge to grant him access to grand jury transcripts. To obtain mandamus relief in a criminal matter, the Relator must establish that: (1) the act sought to be compelled is ministerial, and (2) there is no adequate remedy at law. Dickens v. Court of Appeals for Second Supreme Judicial Dist., 727 S.W.2d 542, 548 (Tex. Crim. App. 1987). Relator has not established that the trial judge has a ministerial duty to grant him access to the grand jury transcripts. Accordingly, the petition for writ of mandamus is denied.

March 18, 2004

______________________________________RICHARD BARAJAS, Chief Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

(Do Not Publish)