in Re: Jorge Gonzalez

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00320-CR
IN RE
§ ORIGINAL PROCEEDING
JORGE GONZALEZ,
§ ON PETITION FOR WRIT OF
RELATOR.
§ MANDAMUS
MEMORANDUM OPINION
Relator, Jorge Gonzalez, has filed a petition for writ of mandamus against the Honorable
Annabell Perez, Judge of the 41st District Court of El Paso County, Texas. He challenges an
order which rescinded a prior order disqualifying Assistant District Attorney Lori Swopes
Hughes from prosecuting a criminal case against him1 and which denied Relator’s motion to
disqualify the entire 34th District Attorney’s Office from the case. We deny the petition for writ
of mandamus.
Mandamus relief is appropriate only when a relator establishes (1) that he has no
adequate remedy at law to redress his alleged harm, and (2) that what he seeks to compel is a
ministerial act, not a discretionary or judicial decision. In re Allen, 462 S.W.3d 47, 49
(Tex.Crim.App. 2015). The ministerial-act component is satisfied when the relator shows that he
has a clear right to the relief sought. Id. This showing is made when the facts and circumstances
dictate but one rational decision under unequivocal, well-settled, and clearly controlling legal
1
The criminal case is styled The State of Texas v. Jorge Gonzalez (cause number 20110D03080) and it is currently
pending in the 41st District Court of El Paso County.
principles. In re Allen, 462 S.W.3d at 49. A ministerial act, by its nature, does not involve the
use of judicial discretion. Id. Relator has failed to establish that he is entitled to mandamus
relief. Accordingly, we deny the petition for writ of mandamus.
December 16, 2015
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Do Not Publish)
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