in Re: Richard Bradley

• Court: Court of Appeals of Texas
• Decided: July 31, 2012
• Docket: 08-12-00237-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

'

' No. 08-12-00237-CR

IN RE: RICHARD BRADLEY, ' AN ORIGINAL PROCEEDING

Relator. ' IN MANDAMUS '

MEMORANDUM OPINION

Relator, Mr. Richard Bradley, has filed a pro se petition for writ of mandamus requesting

that this Court order the Honorable Kenneth D. DeHart, Judge of the 394th District Court, to set

aside Relator’s conviction in Cause No. 2672.

To obtain relief through a writ of mandamus, a relator must establish that no other adequate

remedy at law is available and that the act he seeks to compel is ministerial. State ex rel. Young v.

Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007).

An act is ministerial if it does not involve the exercise of discretion. State ex rel. Hill v. Court of

Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Based on the petition

and record provided, Mr. Bradley has not demonstrated that he is entitled to mandamus relief.

See TEX. R. APP. P. 52.8. Accordingly, the petition is denied.

GUADALUPE RIVERA, Justice July 31, 2012 Before McClure, C.J., Rivera, J., and Antcliff, J.

(Do Not Publish)