in Re Richard Lopez, Relator

MEMORANDUM OPINION
No. 04-11-00279-CR
IN RE Richard LOPEZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: May 18, 2011
PETITION FOR WRIT OF MANDAMUS DENIED
On April 14, 2011, relator filed a petition for writ of mandamus, seeking relief from the
trial court’s denial of relator’s “Application for Writ of Habeas Corpus Seeking Relief from
Double Jeopardy.” However, in order to obtain a petition for writ of mandamus in a criminal
proceeding, relator must establish: (1) the act sought to be compelled is ministerial rather than
discretionary in nature, and (2) there is no adequate remedy at law. Dickens v. Second Court of
Appeals, 727 S.W.2d 542, 548 (Tex. Crim. App. 1987). Relator has failed to establish he lacks
an adequate remedy by appeal. An immediate appeal from the denial of relief in a habeas corpus
proceeding regarding a double jeopardy claim is permitted. Greenwell v. Court of Appeals for
1
This proceeding arises out of Cause No. 2009-CR-5395, styled State of Texas v. Richard Lopez, in the 379th
Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-11-00279-CR
Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005). Accordingly, relator’s
petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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