in Re: Armando Rodriguez

• Court: Court of Appeals of Texas
• Decided: July 9, 2004
• Docket: 13-04-00343-CR
• Status: Published

Opinion

NUMBER 13-04-000343-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE ARMANDO RODRIGUEZ

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On Petition for Writ of Mandamus ___________________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Wittig

Memorandum Opinion Per Curiam

         Relator Armando Rodriguez filed a “motion to compel trial court to produce trial records to pro-se petitioner” on July 6, 2004. This motion was not filed in accordance with any pending appeal and, accordingly, the Court will construe the same as an original proceeding.

         The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. See generally Tex. R. App. P. 52. The petition fails to attach any of the referenced underlying documentation and fails to establish that the district court: (1) had a legal duty to perform a nondiscretionary act, (2) was asked to perform the act, and (3) failed or refused to do so. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.–Amarillo 2001, orig. proceeding). Accordingly, the petition for writ of mandamus is hereby DENIED.

                                                                        PER CURIAM

Memorandum opinion delivered and filed

this 9th day of July, 2004.