Court of Civil Appeals of Texas, 2010

in Re: Jaime Luevano

in Re: Jaime Luevano
Court of Civil Appeals of Texas · Decided July 7, 2010

in Re: Jaime Luevano

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS






IN RE: JAMIE LUEVANO,


Relator.

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No. 08-10-00151-CR

 

AN ORIGINAL PROCEEDING


IN MANDAMUS




 

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS


            Jamie Luevano, pro se, has filed a petition for writ of mandamus requesting this Court to appoint attorney, Mr. John Mobbs, as “co-counsel” on appeal. In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available; and (2) that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals At Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). An act is ministerial if it does not involve the exercise of any discretion. State ex rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Based on the petition and record provided, Relator has not demonstrated he is entitled to mandamus relief. See Tex.R.App.P. 52.8. Therefore, the mandamus relief requested is DENIED.


July 7, 2010

DAVID WELLINGTON CHEW, Chief Justice


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


(Do Not Publish)

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