in Re Willie Henry III

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-12-00513-CR _________________

IN RE WILLIE HENRY III

________________________________________________________________________

Original Proceeding ________________________________________________________________________

MEMORANDUM OPINION

Relator Willie Henry III filed a petition for writ of mandamus with this Court in

which he alleges that the trial court lacked jurisdiction of his underlying criminal case,

and he makes a claim of actual innocence. The documents Henry attached as exhibits

indicate that his petition pertains to trial cause number 98575, which was previously

appealed to this Court. See Henry v. State, No. 09-09-00029-CR, 2009 WL 2044819

(Tex. App.—Beaumont July 15, 2009, no pet.) (not designated for publication). In

addition, this Court has previously addressed a mandamus proceeding filed by Henry, in

which Henry made the same argument with respect to the trial court’s jurisdiction. See In

re Henry, No. 09-12-00309-CR, 2012 WL 3044298 (Tex. App.—Beaumont July 25,

2012, orig. proceeding).

1 Relator has not demonstrated that he is clearly entitled to mandamus relief from

this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924,

927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of mandamus, a relator

must establish that the trial court failed to perform a ministerial duty, and that relator has

no other adequate legal remedy.). Accordingly, we deny relief on the petition for writ of

mandamus.

PETITION DENIED.

PER CURIAM

Submitted on November 9, 2012 Opinion Delivered November 28, 2012 Do Not Publish

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