in Re Kenneth Ray Spencer, Jr.
in Re Kenneth Ray Spencer, Jr.
Opinion
On December 1, 2003, Kenneth Ray Spencer, Jr., filed a petition for "Writ of Assistance." On December 11, 2003, we notified the relator that we would address the petition as a petition for writ of mandamus, and granted him thirty days to amend the petition to comply with the Rules of Appellate Procedure applicable to original proceedings filed in appellate courts. See Tex. R. App. P. 52. The relator did not amend his petition. 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 the 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). Spencer has not demonstrated that he is entitled to the relief sought. The petition for writ of mandamus is denied.
WRIT DENIED.
PER CURIAM
Opinion Delivered January 29, 2004
Before McKeithen, C.J., Burgess and Gaultney, JJ. 1. Tex. R. App. P. 47.4.
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