in Re: Danny E. Drummond

• Court: Court of Appeals of Texas
• Decided: January 18, 2007
• Docket: 13-07-00007-CR
• Status: Published

Opinion

NUMBER 13-07-007-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: DANNY E. DRUMMOND

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides

Memorandum Opinion Per Curiam

Relator, Danny E. Drummond, filed a pro se petition for writ of mandamus in the above cause on January 8, 2007, in which he alleges that respondent, the Honorable Rose Vela, Presiding Judge of the 148th Judicial District Court of Nueces County, Texas, abused her discretion by making "a clear and prejudicial error of law by failing to submit into the record sufficient evidence or stipulation of evidence to support Relator's plea, where a trial has been waived, which is mandatory. Trial court failed to submit to a jury and prove beyond a reasonable doubt, facts and increase the penalty for a crime beyond statutory minimum at the punishment phase."

The Court, having examined and fully considered the documents on file and petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Accordingly, the petition for writ of mandamus is DENIED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and

filed this the 18th day of January, 2007.