NUMBER 13-04-453-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

IN RE SHERIFF CONRADO CANTU

__________________________________________________________________

On Petition for Writ of Mandamus ___________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Wittig

Per Curiam Memorandum Opinion

         Relator, Sheriff Conrado Cantu, filed a petition for writ of mandamus in the above cause on August 30, 2004, and a motion for emergency relief on August 31, 2004. On August 31, 2004, the Court granted the motion for emergency relief and ordered a stay of the recusal hearing set for September 1, 2004. The Court requested that real parties in interest file a response to relator’s petition for writ of mandamus on or before September 10, 2004.

          The Court, having examined and fully considered the petition for writ of mandamus and the response, is of the opinion that relator has not shown himself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Accordingly, the stay is hereby ordered LIFTED. The petition for writ of mandamus is DENIED.

                                                                                 PER CURIAM

Do not publish.

Tex. R. App. P. 47.2(b).

Memorandum Opinion delivered and filed

this 30th day of November, 2004.