in Re: Rene Guerra, Hidalgo County Criminal District Attorney

• Court: Court of Appeals of Texas
• Decided: August 19, 2004
• Docket: 13-04-00316-CR
• Status: Published

Opinion

                                 NUMBER13-04-316-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE RENE GUERRA

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On Petition for Writ of Mandamus

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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Wittig

Per Curiam Memorandum Opinion

         Relator, Rene Guerra, Criminal District Attorney of Hidalgo County, filed a petition for writ of mandamus and an emergency motion for temporary relief in the above cause on June 24, 2004. On June 29, 2004, the Court granted the motion for temporary relief and requested a response from the real party in interest.

         The Court, having examined and fully considered the petition for writ of mandamus and the response, 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 stay of the trial court proceedings is hereby ordered LIFTED. The petition for writ of mandamus is DENIED.

                                                                                          PER CURIAM

Justice Wittig, dissenting, without opinion.

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this 19th day of August, 2004.