in Re Marvin Holmes

• Court: Court of Appeals of Texas
• Decided: August 26, 2015
• Docket: 09-15-00318-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00318-CR ________________

IN RE MARVIN HOLMES __________________________________________________________________

Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 08-04992-A __________________________________________________________________

MEMORANDUM OPINION

Relator Marvin Holmes filed a pro se petition for writ of mandamus, in

which he alleges that the trial court illegally sentenced him after he pleaded no

contest pursuant to a plea bargain agreement. Holmes has not demonstrated that he

is clearly entitled to mandamus relief from this Court. See State ex rel. Hill v.

Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001)

(orig. proceeding) (To demonstrate entitlement to a writ of mandamus, a relator

must establish that the trial court failed to perform a ministerial duty, and that

1 relator has no other adequate legal remedy.). Accordingly, we deny relief on the

petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted August 25, 2015 Opinion Delivered August 26, 2015 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.