in Re Charles L. Grable

Opinion

Opinion issued February 10, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-01314-CR

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IN RE CHARLES L. GRABLE, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

                Relator, Charles L. Grable, filed a motion to proceed as a pauper and a petition for writ of mandamus. The motion to proceed as a pauper is granted. The petition for writ of mandamus is denied.

               In his petition, relator requests that this Court compel respondent to conduct a hearing in cause number 764539 to determine whether the State’s plea offer was founded in good faith upon probable cause. See In re Charles Lee Grable, No. 01-04-01047-CR, slip op. at 2 (Tex. App.—Houston [1st Dist.] Oct. 21, 2004) (not designated for publication).

               Mandamus issues only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). We do not conclude that the trial court had a legal duty to conduct such a hearing.

               The petition for writ of mandamus is therefore denied.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).