in Re: Joe Feijoo ( 2020 )


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  •                                     COURT OF APPEALS
    EIGHTH DISTRICT OF TEXAS
    EL PASO, TEXAS
    §
    IN RE:                                          §               No. 08-19-00314-CR
    JOE FEIJOO,                                     §         AN ORIGINAL PROCEEDING
    Relator.             §                 IN MANDAMUS
    §
    MEMORANDUM OPINION
    Relator Joe Feijoo, a pro se inmate, has filed a mandamus petition against the 205th District
    Court, alleging that the trial court had no jurisdiction to convict him of any criminal charges
    because an assistant district attorney had declined to prosecute him on another charge in 1991.
    The petition for writ of mandamus is denied.
    Generally, mandamus relief is appropriate only to correct a clear abuse of discretion or to
    compel the performance of a ministerial duty, and where the relator has no adequate remedy by
    appeal. In re Reece, 
    341 S.W.3d 360
    , 364 (Tex. 2011)(orig. proceeding). The burden is on relator
    to show it is entitled to mandamus relief. See In re Ford Motor Company, 
    165 S.W.3d 315
    , 317
    (Tex. 2005)(orig. proceeding). After reviewing the mandamus petition and record, we conclude
    that Relator has failed to show that he is entitled to mandamus relief. Accordingly, we deny the
    petition for writ of mandamus.
    January 24, 2020
    YVONNE T. RODRIGUEZ, Justice
    Before Alley, C.J., Rodriguez, and Palafox, JJ.
    (Do Not Pulish)
    2
    

Document Info

Docket Number: 08-19-00314-CR

Filed Date: 1/24/2020

Precedential Status: Precedential

Modified Date: 1/28/2020