in Re: Jaime Luevano

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-14-00145-CR
IN RE JAIME LUEVANO, § ORIGINAL PROCEEDING
RELATOR. § ON PETITION FOR WRIT OF
§ MANDAMUS
MEMORANDUM OPINION
Relator, Jaime Luevano, a Texas inmate, has filed a petition for writ of mandamus
against the Honorable Sam Medrano, Judge of the 409th District Court of El Paso County, Texas
asking that we order Respondent to re-sentence Relator. We deny mandamus relief.
A party seeking a writ of mandamus in a criminal case must make two showings: (1) that
there is no adequate remedy at law to redress the alleged harm; and (2) that the act the relator
seeks to compel is ministerial rather than discretionary in nature. See e.g. Board of Pardons and
Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483
(Tex.Crim.App. 1995)(orig. proceeding); In re State of Texas, 304 S.W.3d 581, 583 (Tex.App.--
El Paso 2010, orig. proceeding). Relator has failed to make either of the required showings.
Accordingly, we deny the relief requested.
May 21, 2014
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
Rivera, J. (Not Participating)