Court of Civil Appeals of Texas, 2009

in Re: George Bustos

in Re: George Bustos
Court of Civil Appeals of Texas · Decided July 8, 2009

in Re: George Bustos

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS








IN RE: GEORGE BUSTOS,



Relator.

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No. 08-09-00164-CR


AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator has filed a pro se petition for writ of mandamus requesting this Court compel the Hon. Mary Ann Bramblett, Judge of the 41st Judicial District Court, of El Paso County, to grant his motion for judgment nunc pro tunc, seeking "constructive detention credit."

Relief by writ of mandamus will only granted in extraordinary circumstances where the Relator is able to establish the trial court has clearly abused its discretion, and no adequate remedy at law exists. See State ex. rel Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). Based on the petition and record before us, we are unable to conclude that Relator is entitled to the relief requested. Accordingly, mandamus relief is denied. See Tex.R.App.P. 58.2(a).

July 8, 2009

ANN CRAWFORD McCLURE, Justice



Before Chew, C.J., McClure, and Rivera, JJ.



(Do Not Publish)

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