in Re Michael Corbello

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00156-CR
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IN RE MICHAEL CORBELLO
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Original Proceeding
128th District Court of Orange County, Texas
Trial Cause No. A130634-R
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MEMORANDUM OPINION
In this mandamus proceeding, Michael Corbello asks this Court to require the
trial court to allow Corbello to withdraw his guilty plea long after the expiration of
the trial court’s plenary power over the case.1 To obtain mandamus relief in a
criminal case, the relator must show that he has a clear and indisputable right to the
relief sought. State ex rel. Rosenthal v. Poe, 98 S.W.3d 194, 198 (Tex. Crim. App.
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In 2018, we dismissed Corbello’s untimely appeal of his 2014 conviction in
Trial Court Case Number A130634-R. See generally Corbello v. State, No. 09-18-
00404-CR, 2018 WL 6186125, at *1 (Tex. App.—Beaumont Nov. 28, 2018, no pet.)
(mem. op., not designated for publication).
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2003). Corbello’s mandamus petition fails to establish that he has a clear and
indisputable right to relief. See In re Cash, No. 06-04-00045-CV, 2004 WL 769473,
at *1 (Tex. App.—Texarkana Apr. 13, 2004, orig. proceeding) (mem. op.) (A trial
court has no jurisdiction to rule on a motion when it has no plenary jurisdiction
coming from an associated case). We deny the petition for a writ of mandamus. See
Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on May 28, 2019
Opinion Delivered May 29, 2019
Do Not Publish
Before Kreger, Horton and Johnson, JJ.
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