in Re: Marco Antonio G. Rodriguez

• Court: Court of Appeals of Texas
• Decided: July 27, 2006
• Docket: 13-06-00416-CR
• Status: Published

Opinion

NUMBER 13-06-416-CR

                         COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG 

IN RE: MARCO ANTONIO G. RODRIGUEZ

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

                               MEMORANDUM OPINION                                   

                      Before Justices Rodriguez, Castillo, and Garza

                                 Memorandum Opinion Per Curiam

Relator, Marco Antonio G. Rodriguez, filed a petition for writ of mandamus in the above cause on July 25, 2006, in which he alleges that respondent, the Honorable Robert Garza, Presiding Judge of the 138th Judicial District Court of Cameron County, Texas, failed to enforce the March 28, 2005 trial court order granting defendant=s application for post-conviction forensic DNA testing and denying the state=s motion to reconsider.  Relator also alleges that Arnoldo R. Peña, court appointed counsel, and Lawrence Rabb,  assistant district attorney, failed to comply with the March 28, 2005 trial court order. 

In addition, respondent filed a motion for sanctions against Arnoldo R. Peña asking this Court to impose monetary sanctions on Arnoldo R. Peña in the amount of $1,500.00.

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

PER CURIAM           

Do not publish.

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

Memorandum Opinion delivered and

filed this the 27th day of July, 2006.