in Re Michael Corbello

• Court: Court of Appeals of Texas
• Decided: May 29, 2019
• Docket: 09-19-00156-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00156-CR __________________

IN RE MICHAEL CORBELLO __________________________________________________________________

Original Proceeding 128th District Court of Orange County, Texas Trial Cause No. A130634-R __________________________________________________________________

MEMORANDUM OPINION

In this mandamus proceeding, Michael Corbello asks this Court to require the

trial court to allow Corbello to withdraw his guilty plea long after the expiration of

the trial court’s plenary power over the case.1 To obtain mandamus relief in a

criminal case, the relator must show that he has a clear and indisputable right to the

relief sought. State ex rel. Rosenthal v. Poe, 98 S.W.3d 194, 198 (Tex. Crim. App.

1 In 2018, we dismissed Corbello’s untimely appeal of his 2014 conviction in Trial Court Case Number A130634-R. See generally Corbello v. State, No. 09-18- 00404-CR, 2018 WL 6186125, at *1 (Tex. App.—Beaumont Nov. 28, 2018, no pet.) (mem. op., not designated for publication). 1 2003). Corbello’s mandamus petition fails to establish that he has a clear and

indisputable right to relief. See In re Cash, No. 06-04-00045-CV, 2004 WL 769473,

at *1 (Tex. App.—Texarkana Apr. 13, 2004, orig. proceeding) (mem. op.) (A trial

court has no jurisdiction to rule on a motion when it has no plenary jurisdiction

coming from an associated case). We deny the petition for a writ of mandamus. See

Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on May 28, 2019 Opinion Delivered May 29, 2019 Do Not Publish

Before Kreger, Horton and Johnson, JJ.