in Re Rolando Gutierrez

• Court: Court of Appeals of Texas
• Decided: November 7, 2018
• Docket: 09-18-00401-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00401-CR ____________________

IN RE ROLANDO GUTIERREZ

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Original Proceeding 9th District Court of Montgomery County, Texas Trial Cause No. 13-02-1981-CR ________________________________________________________________________

MEMORANDUM OPINION

Rolando Gutierrez filed a petition for a writ of mandamus to compel the trial

court to enforce a standing discovery order. He argues the trial court abused its

discretion by failing to enforce discovery in 2014. Gutierrez’s final conviction in this

case has been affirmed on appeal. See generally Gutierrez v. State, No. 09-14-00505-

CR, 2016 WL 157708, at *3 (Tex. App.—Beaumont Jan. 13, 2016, no pet.) (mem.

op., not designated for publication).1 Gutierrez cannot obtain mandamus relief

1 The judge who presided over the 9th District Court of Montgomery County at the time of his trial left the bench, and a different judge currently presides in that court. 1 because he had an adequate remedy at law through a direct appeal. See Dickens v.

Court of Appeals for the Second Supreme Judicial Dist. of Tex., 727 S.W.2d 542,

550 (Tex. Crim. App. 1987) (“In a criminal case, a defendant’s normal method for

challenging pretrial orders is through appeal.”). Accordingly, we deny the petition

for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on November 6, 2018 Opinion Delivered November 7, 2018 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.