in Re: Jose Manuel Trejo

• Court: Court of Appeals of Texas
• Decided: March 20, 2008
• Docket: 13-08-00083-CR
• Status: Published

Opinion

NUMBER 13-08-083-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: JOSE MANUEL TREJO

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Garza and Benavides Per Curiam Memorandum Opinion1

Relator, Jose Manuel Trejo, proceeding pro se, has filed a petition for mandamus

relief by which he requests this Court to direct respondent, the Honorable Margarito

Garza,2 Judge of the 148th Judicial District Court of Nueces County, Texas, to issue a

judgment nunc pro tunc convicting relator of robbery instead of aggravated robbery. This

1 See T EX . R. A PP . P. 52.8(d) ("W hen denying relief, the court m ay hand down an opinion but is not required to do so."); T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions).

2 The Honorable Margarito Garza is no longer the presiding judge of the 148th Judicial District Court of Nueces County, Texas. Court requested a response from the real party in interest, the Honorable Carlos Valdez,

the district attorney of Nueces County, Texas, and a response was timely filed.

The Court, having examined and fully considered the petition for writ of mandamus

and the response, 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(a). 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Do not publish.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 on the 20th day of March, 2008.