Stanford Harvey v. State ( 2011 )

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,
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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).
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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.
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