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MEMORANDUM OPINION No. 04-12-00152-CR IN RE Robert James WATSON Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: March 21, 2012 PETITION FOR WRIT OF MANDAMUS DENIED On March 12, 2012, relator Robert James Watson filed a petition for writ of mandamus, asking this court to set aside the judgment and dismiss the indictment against him. However, in a criminal case, in order to be entitled to mandamus relief relator must establish: “(1) he has no other adequate legal remedy; and (2) under the relevant facts and law, the act sought to be compelled is purely ministerial.” In re Reed,
137 S.W.3d 676, 678 (Tex. App.—San Antonio 2004, orig. proceeding) (citing State ex rel. Hill v. Court of Appeals for Fifth Dist.,
34 S.W.3d 924, 927 (Tex. Crim. App. 2001)). The court has considered relator’s petition and is of the 1 This proceeding arises out of Cause No. 11-1543-CR, styled State of Texas v. Robert James Watson, in the 274th Judicial District Court, Guadalupe County, Texas, the Honorable Gary Steel presiding. 04-12-00152-CR opinion that relator has not established he is entitled to mandamus relief.
Id. Accordingly, thepetition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH -2-
Document Info
Docket Number: 04-12-00152-CR
Filed Date: 3/21/2012
Precedential Status: Precedential
Modified Date: 10/16/2015