in Re Shane Matthew Buchel ( 2018 )

NUMBER 13-18-00518-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE SHANE MATTHEW BUCHEL
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Longoria and Hinojosa
Memorandum Opinion by Chief Justice Valdez1
Shane Matthew Buchel, proceeding pro se, filed a petition for writ of mandamus in
the above cause 2 through which he contends that the trial court erred by failing to
“consolidate restitution.” Buchel argues that the trial court incorrectly allowed the
collection of restitution for multiple cases according to each individual judgment and its
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.”); id. R. 47.4 (distinguishing opinions and memorandum opinions).
2This original proceeding arises from trial court cause number 15-11-12,323A in the 24th District
Court of DeWitt County, Texas. The respondent in this original proceeding is the Honorable Kemper
Stephen Williams. See TEX. R. APP. P. 52.2.
corresponding order to withdraw funds from his inmate trust account cases, even though
the restitution was ordered in connection with concurrent sentences. This Court
requested and received a response to the petition for writ of mandamus from the State of
Texas, acting by and through the District Attorney for DeWitt County, Texas. See TEX. R.
APP. P. 52.8(a),(b).
The Court, having examined and fully considered the petition for writ of mandamus,
the response, and the applicable law, is of the opinion that the petition for writ of
mandamus should be denied for the reasons expressed in our opinion in In re Shane
Matthew Buchel, No. 13-18-00509-CR, 2018 WL ___, at *_ (Tex. App.—Corpus Christi
Dec. 6, 2018, orig. proceeding) (mem. op., not designated for publication), available at
http: //www.search.txcourts.gov/case.aspx?cn=13-18-00509-CR&coa=coa13.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(d). We
likewise deny Buchel’s motion for nihil dicit judgment.
/s/ Rogelio Valdez
ROGELIO VALDEZ
Chief Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
6th day of December, 2018.
2