in Re: Rodney Ramirez

• Court: Court of Appeals of Texas
• Decided: June 30, 2010
• Docket: 08-10-00156-CR
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§

§ IN RE: RODNEY RAMIREZ, No. 08-10-00156-CR § AN ORIGINAL PROCEEDING Relator. § IN MANDAMUS §

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Rodney Ramirez, pro se, has filed a petition for writ of mandamus requesting this Court to

direct the Judge the 327th Judicial District Court of El Paso County, Texas to grant Relator’s

motion to “Set Aside and Vacate a Void Order of Sentencing.”

In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other

adequate remedy at law is available and (2) 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 any 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, Relator has not demonstrated he is entitled to

mandamus relief. See TEX .R.APP .P. 52.8. The mandamus relief requested is therefore DENIED.

June 30, 2010 ANN CRAWFORD McCLURE, Justice Before Chew, C.J., McClure, and Rivera, JJ. Chew, C.J., not participating

(Do Not Publish)