in Re Fortino Anthony Gutierrez

CourtCourt of Appeals of Texas
DecidedFebruary 12, 2020
Docket04-20-00075-CR
StatusPublished

This text of in Re Fortino Anthony Gutierrez (in Re Fortino Anthony Gutierrez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in Re Fortino Anthony Gutierrez, (Tex. Ct. App. 2020).

Opinion

Fourth Court of Appeals San Antonio, Texas February 12, 2020

No. 04-20-00075-CR

IN RE Fortino Anthony GUTIERREZ

Original Mandamus Proceeding 1

ORDER

On February 5, 2020, relator filed an application for leave to file a petition for writ mandamus and a petition for writ of mandamus. We deny as moot relator’s request to file a petition for writ of mandamus because leave is not required to file a petition in an intermediate appellate court. See TEX. R. APP. P. 52.1; In re Medina, 04-19-00041-CR, 2019 WL 360534, at *1 (Tex. App.—San Antonio Jan. 30, 2019, no pet.). After considering the petition and because relator is represented by trial counsel, this court concludes relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

It is so ORDERED on February 12, 2020.

_____________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of February, 2020.

_____________________________ Michael A. Cruz, Clerk of Court

1 This proceeding arises out of Cause Nos. 2018CR11220 & 2018CR11221, styled The State v. Fortino Antonio Gutierrez, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Andrew Carruthers presiding.

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