Stanford Harvey v. State ( 2011 )


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  •                                 NUMBER 13-11-00374-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    IN RE RENE GUERRA,
    HIDALGO COUNTY CRIMINAL DISTRICT ATTORNEY
    On Petition for Writ of Mandamus.
    MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Rodriguez and Garza
    Memorandum Opinion Per Curiam1
    Relator, Rene Guerra, Hidalgo County Criminal District Attorney, filed a petition
    for writ of mandamus in the above cause on June 15, 2011. The Court requested and
    received a response to the petition for writ of mandamus from the real party in interest,
    David Silva.
    Ordinarily, mandamus relief lies when the trial court has abused its discretion and
    a party has no adequate appellate remedy. In re Prudential Ins. Co., 
    148 S.W.3d 124
    ,
    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).
    1
    135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 
    827 S.W.2d 833
    , 839-40 (Tex.
    1992) (orig. proceeding). A trial court abuses its discretion if it reaches a decision so
    arbitrary and unreasonable as to amount to a clear and prejudicial error of law or if it
    clearly fails to correctly analyze or apply the law. See In re Cerberus Capital Mgmt.,
    L.P., 
    164 S.W.3d 379
    , 382 (Tex. 2005) (orig. proceeding).
    The Court, having examined and fully considered the petition for writ of
    mandamus and the response thereto, is of the opinion that relator has not met his
    burden to obtain mandamus relief. Accordingly, relator’s petition for writ of mandamus
    in this cause is denied. See TEX. R. APP. P. 52.8(a).
    PER CURIAM
    Delivered and filed the
    7th day of July, 2011.
    2