Court of Civil Appeals of Texas, 2004

in Re Anthony Leon Summers

in Re Anthony Leon Summers
Court of Civil Appeals of Texas · Decided November 4, 2004

in Re Anthony Leon Summers

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-04-448 CV

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IN RE ANTHONY LEON SUMMERS




Original Proceeding



MEMORANDUM OPINION (1)

On October 22, 2004, Anthony Leon Summers filed a petition for writ of mandamus. The relator seeks an order to compel the Honorable Patrick Clark, Judge of the 128th District Court of Orange County, Texas, to grant his petition for expunction of arrest records in nineteen cases.

We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). In this case, however, the relator has not shown that he cannot raise the issue through regular appeal. Furthermore, the relator has not shown that no other adequate remedy at law is available through habeas corpus. See Banales v. Court of Appeals for the Thirteenth Judicial Dist., 93 S.W.3d 33, 36 (Tex. Crim. App. 2002).

The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM



Opinion Delivered November 4, 2004

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

1. Tex. R. App. P. 47.4.

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