in Re: Oscar Davila

• Court: Court of Appeals of Texas
• Decided: March 19, 2009
• Docket: 13-07-00706-CR
• Status: Published

Opinion

NUMBER 13-07-00706-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: OSCAR DAVILA

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Benavides Per Curiam Memorandum Opinion1

Relator, Oscar Davila, pro se, filed a petition for writ of mandamus in the above

cause complaining of the trial court’s orders allowing the withdrawal of funds from his trust

fund account, and of the trial court’s alleged failure to rule on his motion to compel the trial

court to reconsider those orders.

This petition for writ of mandamus was originally filed in this Court as a criminal,

rather than civil, cause. Based on recent analysis from the Texas Court of Criminal

Appeals, however, we will transfer this matter to our civil cause number 13-09-00152-CV,

1 See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). and will consider it therein. See In re Johnson, No. AP-75,898, 2008 Tex. Crim. App.

LEXIS 1628, at *22-23 (Tex. Crim. App. Oct. 29, 2008) (orig. proceeding); see also In re

Bejaran, No. 13-08-00117-CR, 2008 Tex. App. LEXIS 8568, at *1 (Tex. App.–Corpus

Christi Nov. 12, 2008, orig. proceeding) (per curiam) (mem. op., not designated for

publication). Therefore, this criminal cause is hereby DISMISSED.

PER CURIAM

Do not publish.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

Memorandum Opinion delivered and filed this the 19th day of March, 2009.