NUMBER 13-08-00613-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE FERNANDO GARCIA

On Petition for Writ of Mandamus.

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Per Curiam Memorandum Opinion1 Relator, Fernando Garcia, pro se, seeks a writ of mandamus ordering the trial court to provide him with the record pertaining to his conviction for intoxication manslaughter.2 This Court previously affirmed the conviction. See Garcia v. State, No. 13-06-00488-CR, 2008 Tex. App. LEXIS 5990, at *8 (Tex. App.–Corpus Christi Aug. 7, 2008, no pet.) (mem.

See T EX . R. A PP . P. 52.8(d) (“W hen denying relief, the court m ay hand down an opinion but is not required to do so.”); T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions).

This Court previously considered and denied a sim ilar petition for writ of m andam us filed by relator in this cause. See In re Garcia, No. 13-08-00568-CR, 2008 Tex. App. LEXIS 7650, at *1 (Tex. App.–Corpus Christi Oct. 10, 2008, orig. proceeding) (per curiam ) (not designated for publication). op. not designated for publication). In that appeal, relator was represented by appointed counsel.

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(a).

PER CURIAM

Do not publish. See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and filed this 6th day of November, 2008.