in Re: Victor C. Sanford

• Court: Court of Appeals of Texas
• Decided: August 31, 2007
• Docket: 13-07-00531-CR
• Status: Published

Opinion

NUMBER 13-07-531-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_____________________________________________________ __

IN RE: VICTOR C. SANFORD

______________________________________________________ _

On Petition for Writ of Mandamus _____________________________________________________ _

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Benavides and Vela

Memorandum Opinion Per Curiam ⁽¹⁾

Relator, Victor C. Sanford, pro se, filed a petition for writ of mandamus in the above cause on August 30, 2007. The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. The petition generally fails to comply with Texas Rule of Appellate Procedure 52.3 and, accordingly, fails to establish: (1) that the act sought to be compelled is purely ministerial; and (2) that there is no adequate remedy at law.

See generally Tex. R. App. P. 52.3 (delineating the requirements for petitions in original proceedings); Aranda v. Dist. Clerk, 207 S.W.3d 785, 786 (Tex. Crim. App. 2006). Accordingly, the petition for writ of mandamus is hereby DENIED. See Tex. R. App. P. 52.8(a). ⁽²⁾

PER CURIAM

Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum opinion delivered and filed

this 31st day of August, 2007.

1.

See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

2.

We dismiss relator's motion for leave to file the petition for writ of mandamus as moot because the Texas Rules of Appellate Procedure no longer require a motion for leave in original proceedings. See generally Tex. R. App. P. 52 & cmt.