NUMBER 13-04-458-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE GODFREY GARCIA

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On Petition for Writ of Mandamus __________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Per Curiam Memorandum Opinion

         Relator, Godfrey Garcia, filed a motion for new trial and request for appointment of counsel in the above cause on September 2, 2004. Based on the allegations and arguments therein, we construe these pleadings as a petition for writ of mandamus and review it accordingly.

         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. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8.

                                                                        PER CURIAM

Do not publish.

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

Memorandum Opinion delivered and filed

this 9th day of September, 2004.