in Re David Robles

Opinion

NUMBER 13-10-00260-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE DAVID ROBLES

On Motion for Leave to Proceed In Forma Pauperis and Petition for Writ of Mandamus

MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Garza Memorandum Opinion Per Curiam1 Relator, David Robles, has filed a petition for writ of mandamus by which he

requests that this Court direct respondent, the Honorable J. Manuel Bañales, presiding

judge of the 105th Judicial District Court of Nueces County, Texas, to grant relator’s

October 9, 2009, “Petition for Commutation of Sentence Recommendation.”2 Relator has

also filed a “Motion for Leave to Proceed In Forma Pauperis” with this Court.

We hereby GRANT relator’s “Motion for Leave to Proceed In Forma Pauperis.”

However, having reviewed and fully considered relator’s petition for writ of mandamus, we

1 See T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions), 52.8(d) (“W hen denying relief, the court m ay hand down an opinion but is not required to do so.”) 2 In his petition, relator also nam es Carlos Valdez, Nueces County District Attorney, and Jim Kaelin, Nueces County Sheriff, as respondents. However, we do not have m andam us jurisdiction over these individuals. See T EX . G O V ’T C OD E A N N . § 22.221(b) (Vernon 2004). are of the opinion that relator is not entitled to the relief sought and the petition should be

denied. See TEX . R. APP. P. 52.8(a). Accordingly, the petition for writ of mandamus is

DENIED.

PER CURIAM

Do not publish. See TEX . R. APP. P. 47.2(b).

Delivered and filed the 4th day of May, 2010.