In Re Bobby Roy Childers v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 24, 2023
• Docket: 10-23-00110-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00110-CR

IN RE BOBBY ROY CHILDERS

Original Proceeding

From the 54th District Court McLennan County, Texas Trial Court No. 2008-466-C1

MEMORANDUM OPINION

This is an original proceeding in which relator Bobby Roy Childers, a pro se

inmate, challenges the sufficiency of the evidence to support the assessment of fees, court

costs, attorney fees and fines in trial court cause number 2008-466-C1.

In a criminal mandamus, the relator must show that he has no adequate remedy

at law and what he seeks to compel is a ministerial act not involving a discretionary or

judicial decision. In re Pierce, 586 S.W.3d 566, 569 (Tex. App.—Waco 2019, orig.

proceeding). An act is ministerial if relator can show a clear right to the relief sought. Id. Mandamus is not available to compel a discretionary act as distinguished from a

ministerial act. Id.

The sufficiency of the evidence to support assessments of costs contained within

judgments may be directly appealed. See Mayer v. State, 309 S.W.3d 552, 555 (Tex. Crim.

App. 2010). The judgment he complains of was rendered more than a decade ago and

the time for appealing that judgment has long since passed. See TEX. R. APP. P. 26.2.

Because relator has failed to show that he lacks an adequate remedy at law, he has not

met his burden to obtain mandamus relief. In re Pierce, 586 S.W.3d at 569.

The petition for writ of mandamus filed on April 12, 2023 by relator Bobby Roy

Childers is denied.

STEVE SMITH Justice

Before Chief Justice Gray Justice Johnson Justice Smith Petition denied Opinion issued and filed May 24, 2023 [OT06]

In re Childers Page 2