in Re: The State of Texas, Ex Rel. Stephen B. Tyler, Criminal District Attorney of Victoria County, Texas

• Court: Court of Appeals of Texas
• Decided: July 29, 2009
• Docket: 13-09-00380-CR
• Status: Published

Opinion

NUMBER 13-09-00380-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE THE STATE OF TEXAS EX REL. STEPHEN B. TYLER, CRIMINAL DISTRICT ATTORNEY OF VICTORIA COUNTY, TEXAS

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Per Curiam Memorandum Opinion 1 Relator, the State of Texas ex rel. Stephen B. Tyler, Criminal District Attorney of Victoria County, Texas, filed a petition for writ of mandamus in the above cause on July 7, 2009. The Court requested and received a response to the petition for writ of mandamus from the City of Victoria, the real party in interest.

1 See T EX. R. A PP. P. 52 .8 (d ) (“W h e n d e nying relief, the court may hand down an opinion but is not required to do so.”); T EX. R. A PP. P. 47.4 (distinguishing opinions and memorandum opinions). Mandamus relief may be granted if the relator shows that: (1) the act sought to be compelled is purely ministerial; and (2) there is no adequate remedy at law. See Deleon v. Dist. Clerk, 187 S.W.3d 473, 474 (Tex. Crim. App. 2006) (orig. proceeding). The relator must have a “clear right” to the relief sought and the merits of the relief sought must be “beyond dispute.” See id. “The requirement of a clear legal right necessitates that the law plainly describes the duty to be performed such that there is no room for the exercise of discretion.” Id. Mandamus may also issue to correct a void order. See, e.g., State ex rel. Millsap v. Lozano, 692 S.W.2d 470, 482 (Tex. Crim. App. 1985). The Court, having examined and fully considered the petition for writ of mandamus and the response thereto, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a). PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b). Memorandum Opinion delivered and filed this 29th day of July, 2009.