in Re Orlando Campos

• Court: Court of Appeals of Texas
• Decided: August 2, 2018
• Docket: 13-18-00414-CR
• Status: Published

Opinion

NUMBER 13-18-00414-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

IN RE ORLANDO CAMPOS ____________________________________________________________

On Petition for Writ of Mandamus. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Contreras, Longoria, and Hinojosa Memorandum Opinion by Justice Hinojosa 1

Relator Orlando Campos, proceeding pro se, filed a petition for writ of mandamus

in the above cause on August 2, 2018, seeking to compel the trial court to provide him

with a certification showing that he has the right to appeal in trial court cause number B-

15-2049-0-CR-A. 2 Although relator’s pleading is unclear, it appears that relator also

1 See TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions); id. R. 52.8(d) (“When granting relief, the court must hand down an opinion as in any other case,” but when “denying relief, the court may hand down an opinion but is not required to do so.”).

2 Relator has also pursued separate appeals arising from this same trial court cause number. See

Campos v. State, No. 13-18-00221-CR, 2018 WL 2440517, at *1 (Tex. App.—Corpus Christi May 31, 2018, no pet. h.) (mem. op., not designated for publication); Campos v. State, 13-18-00071-CR, 2018 WL 1192617, at *1 (Tex. App.—Corpus Christi Mar. 8, 2018, no pet.) (mem. op., not designated for publication); seeks, inter alia, to compel the trial court to prepare findings of fact and conclusions of

law and to correct a defective or inaccurate clerk’s record.

To be entitled to mandamus relief, the relator must establish both that he has no

adequate remedy at law to redress his alleged harm, and that what he seeks to compel

is a purely ministerial act not involving a discretionary or judicial decision. In re Harris,

491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding); In re McCann, 422

S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). If the relator fails to meet

both requirements, then the petition for writ of mandamus should be denied. State ex

rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim.

App. 2007). It is the relator’s burden to properly request and show entitlement to

mandamus relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.]

1992, orig. proceeding) (“Even a pro se applicant for a writ of mandamus must show

himself entitled to the extraordinary relief he seeks.”); see generally TEX. R. APP. P. 52.3.

The Court, having examined and fully considered the petition for writ of mandamus,

is of the opinion that relator has not shown himself entitled to the relief sought, and the

petition for writ of mandamus should be denied. See TEX. R. APP. P. 52.8. Accordingly,

the petition for writ of mandamus is DENIED.

LETICIA HINOJOSA Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed this the 2nd day of August, 2018.

Campos v. State, 13-16-00482-CR, 2016 WL 5941881, at *1 (Tex. App.—Corpus Christi Oct. 13, 2016, no pet.) (mem. op., not designated for publication). 2