in Re Charles Matula ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-21-00002-CR
__________________
IN RE CHARLES MATULA
__________________________________________________________________
Original Proceeding
9th District Court of Montgomery County, Texas
Trial Cause No. SW-2020, #599
__________________________________________________________________
MEMORANDUM OPINION
Through a petition for a writ of mandamus and a motion for temporary relief,
Charles Matula seeks to stay execution on a search warrant issued on October 2,
2020, by the judge of the 9th District Court of Montgomery County, Texas, in his
capacity as a magistrate and to compel the judge to quash the search warrant. 1 See
1
We denied mandamus relief in a proceeding filed by Matula after the trial
court signed an order denying a motion to quash on November 6, 2020. See In re
Matula, No. 09-20-00256-CR, 2020 WL 6929643, at *1 (Tex. App.—Beaumont
Nov. 25, 2020, orig. proceeding) (mem. op., not designated for publication). Matula
alleged he is the owner of the Yahoo account that is the subject of the search warrant
in an amended motion to quash the search warrant. This mandamus proceeding
1
State ex rel. Holmes v. Salinas, 774 S.W.2d 421, 422-23 (Tex. App.—Houston [14th
Dist.] 1989, orig. proceeding).
To be entitled to mandamus relief, a relator must show that he has no adequate
remedy at law available and that he seeks to compel a ministerial act. State ex rel.
Healey v. McMeans, 884 S.W.2d 772, 774 (Tex. Crim. App. 1994) (orig.
proceeding). An act is ministerial when the law clearly spells out the duty to be
performed with such certainty that nothing is left to the exercise of discretion or
judgment. Id. Relator has not shown that he has a clear and indisputable right to the
relief sought. Accordingly, we deny the petition for writ of mandamus and motion
for temporary relief. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on February 9, 2021
Opinion Delivered February 10, 2021
Do Not Publish
Before Golemon, C.J., Horton and Johnson, JJ.
followed the trial court’s denial of the amended motion to quash on December 16,
2020.
2