In Re: Shawn Olali v. the State of Texas ( 2024 )

DENIED and Opinion Filed June 4, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00637-CV
IN RE SHAWN OLALI, Relator
Original Proceeding from the County Criminal Court of Appeals No. 1
Dallas County, Texas
Trial Court Cause No. MC-24-00091
MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Kennedy
Before the Court is pro se relator’s May 28, 2024 petition for writ of
mandamus. After a bench trial, a municipal court found relator guilty of assault by
physical contact and fined relator $500 plus court costs. The Dallas County Criminal
Court of Appeals No. 1 affirmed the judgment. In this original proceeding, relator
asks this Court to do the following: (1) “[o]rder the judge to vacate the original
order” and to “issue a new order that complies with the rules and judicial
convention,” (2) “[o]rder the appellate county court to rule on [relator’s] motion for
rehearing or issue mandamus in the absence of the action so that a notice of appeal
may be filed and sent to this [C]ourt,” and/or (3) take relator’s mandamus petition
“as an appeal by right and have the briefs and records in the county court of criminal
appeals be taken as the briefs and records in this [C]ourt.”
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing relator’s petition and the record before us, we conclude
that relator has failed to demonstrate entitlement to the requested relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
/Nancy Kennedy/
NANCY KENNEDY
JUSTICE
240637F.P05
–2–