in Re Lester Winkle

• Court: Court of Appeals of Texas
• Decided: March 22, 2013
• Docket: 09-13-00137-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00137-CV ____________________

IN RE LESTER WINKLE

_______________________________________________________ ______________

Original Proceeding ________________________________________________________ _____________

MEMORANDUM OPINION

Lester Winkle filed a petition for writ of mandamus and a motion for

temporary relief. In an appeal following a jury trial, this Court reversed the

judgment and order committing Winkle as a sexually violent predator and

remanded the case for a new trial. See In re Commitment of Winkle, 362 S.W.3d

241 (Tex. App.—Beaumont 2012, pet. denied). A pre-trial conference and a jury

trial are scheduled for March 25, 2013. Winkle seeks to compel the trial court to

continue the setting of his jury trial and permit additional discovery. After

reviewing his mandamus petition and record, we conclude that Winkle has not

1 shown that the trial court committed a clear abuse of discretion for which he lacks

an adequate remedy. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36

(Tex. 2004); see also Tex. R. Civ. P. 190.5. Accordingly, we deny the petition for

writ of mandamus and motion for temporary relief. See Tex. R. App. P. 52.8(a),

52.10.

PETITION DENIED.

PER CURIAM

Opinion Delivered March 22, 2013

Before McKeithen, C.J., Gaultney and Kreger, JJ.