in Re Roland Ray Donatto

• Court: Court of Appeals of Texas
• Decided: July 12, 2012
• Docket: 14-12-00640-CR
• Status: Published

Opinion

Motion Denied; Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 12, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00640-CR ____________

IN RE ROLAND RAY DONATTO, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 185th District Court Harris County, Texas Trial Court Cause No. 1203417-A

MEMORANDUM OPINION

On July 11, 2012, relator Roland Ray Donatto filed a petition for writ of mandamus in this court and a motion for emergency stay. See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator complains that respondent, the Honorable Susan Brown, presiding judge of the 185th District Court of Harris County, filed the State's motion to revoke his community supervision and directed the clerk to issue capias for his arrest. To be entitled to mandamus relief in a criminal case, a relator must show that he has no adequate remedy at law to redress his alleged harm, and that what he seeks to compel is a ministerial act not involving a discretionary or judicial decision. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus and motion for emergency stay.

PER CURIAM

Panel consists of Justices Frost, Boyce, and Jamison. Do Not Publish — Tex. R. App. P. 47.2(b).