in Re: Anthony Erick Estrada

• Court: Court of Appeals of Texas
• Decided: January 25, 2012
• Docket: 08-11-00323-CR
• Status: Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE:  ANTHONY ERICK ESTRADA,                             Relator.	§	No. 08-11-00323-CR AN ORIGINAL PROCEEDING                    IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Anthony Estrada, pro se, has filed a petition for writ of mandamus, requesting that this Court order the Honorable Marcos Lizarraga, judge of the 168th Judicial District Court of El Paso County, to grant Relator’s motion nunc pro tunc, to correct Relator's record as an inmate in the Institutional Division of the Texas Department of Criminal Justice to reflect “back time credit.”

Relief by writ of mandamus is appropriate in instances where the relator demonstrates that there is no adequate remedy at law available to correct the alleged harm, and that the action sought is not discretionary.  See Simon v. Levario, 306 S.W.3d 318, 320 (Tex.Crim.App. 2009) (orig. proceeding).  Based on the record before us, Relator has not demonstrated he is entitled to mandamus relief.  See Tex.R.App.P. 52.3.  Accordingly, the petition is DENIED. 

January 25, 2012                                 ________________________________________________

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rivera, and Antcliff, JJ.