in Re: Roland Casarez

• Court: Court of Appeals of Texas
• Decided: December 21, 2004
• Docket: 13-04-00662-CR
• Status: Published

Opinion

NUMBER 13-04-00662-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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                               IN RE: ROLAND CASAREZ

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On Petition for Writ of Mandamus ___________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Per Curiam Memorandum Opinion

         Relator, Ricardo Garcia, filed a petition for writ of mandamus in the above cause on December 15, 2004. On February 10, 2004, relator was found guilty of burglary of a habitation and aggravated robbery and sentenced to five years in the Texas Department of Criminal Justice on count one and ten years on count two. On February 12, 2004, relator's court-appointed attorney filed a notice of appeal in the trial court. See Tex. R. App. P. 25.2 (c). The trial court clerk did not, however, forward relator's notice of appeal to this Court until December 21, 2004. See id. rule 25.2(e). Relator's appeal, cause number 13-04-675, is now before this Court.

         Mandamus relief is appropriate only to correct a clear abuse of discretion or the violation of a duty imposed by law, and when there is no adequate appellate remedy. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). Accordingly, having examined and fully considered relator's petition for writ of mandamus and having noted relator's appeal is now on file in this Court, we are of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, relator's petition for writ of mandamus filed on December 15, 2004, is DENIED. See Tex. R. App. P. 52.8(a).

                                                                                 PER CURIAM

Do not publish.

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

Memorandum Opinion delivered and filed

this 21st day of December, 2004.