in Re: Michael Kennedy

Opinion

                NO. 12-06-00098-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: MICHAEL KENNEDY,      §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            In this original proceeding, Michael Kennedy seeks mandamus relief asserting that the trial court committed various errors relating to his October 10, 1986 burglary conviction and a nunc pro tunc judgment dated March 4, 2005.  Kennedy has previously raised, and this Court overruled, the same issues in a direct appeal.  See Kennedy v. State, No. 12-05-00125-CR, 2005 WL 3201470 (Tex. App.–Tyler 2005, pet. ref’d) (not designated for publication).  Therefore, Kennedy cannot show that he is entitled to the relief he seeks.  See State ex rel. Hill v. Fifth Court of Appeals, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (mandamus relief authorized in criminal case only if relator establishes that he has no other adequate legal remedy and the act to be compelled is purely ministerial).  Accordingly, his petition for writ of mandamus is denied.

                                                                                                     SAM GRIFFITH   

                                                                                                                Justice

Opinion delivered March 31, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)