in Re Herman Lee Kindred ( 2014 )

NUMBER 13-14-00357-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE HERMAN LEE KINDRED
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Perkes and Longoria
Memorandum Opinion Per Curiam1
Relator, Herman Lee Kindred, proceeding pro se, filed a petition for writ of
mandamus in the above cause on June 26, 2014. Through this original proceeding,
relator seeks to compel the trial court to provide relator with appointed appellate counsel
and a copy of the appellate record for relator’s pending appeal in our cause number 13-
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
13-00526-CR. Relator has previously sought this same relief by motion filed in his
pending appeal.
To be entitled to mandamus relief, the relator must show: (1) that he has no
adequate remedy at law, and (2) that what he seeks to compel is a ministerial act. In re
State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). If
the relator fails to meet both of these requirements, then the petition for writ of mandamus
should be denied. State ex rel. Young v. Sixth Jud. Dist. Ct. of App. at Texarkana, 236
S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). It is relator’s burden to
properly request and show entitlement to mandamus relief. Barnes v. State, 832 S.W.2d
424, 426 (Tex. App.–Houston [1st Dist.] 1992, orig. proceeding) (“Even a pro se applicant
for a writ of mandamus must show himself entitled to the extraordinary relief he seeks.”).
The Court, having examined and fully considered the petition for writ of mandamus
and the applicable law, is of the opinion that relator has not met his burden to obtain
mandamus relief. See State ex rel. Young, 236 S.W.3d at 210. Relator has already
sought and obtained an adequate remedy for the alleged harm through his pending
appeal. Accordingly, relator’s petition for writ of mandamus is denied. See TEX. R. APP.
P. 52.8(a).
PER CURIAM
Do not publish. TEX. R. APP. P. 47.2(b).
Delivered and filed the
30th day of June, 2014.
2