MEMORANDUM OPINION No. 04-10-00757-CR IN RE Ricardo LOPEZ, Relator Original Mandamus Proceedings 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: November 17, 2010 PETITION FOR WRIT OF MANDAMUS DENIED; MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT On October 20, 2010, relator Ricardo Lopez filed a petition for writ of mandamus and motion for leave to file his mandamus petition. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). Accordingly, relator’s petition for writ of mandamus is denied. Relator’s motion for leave to file the petition for writ of mandamus is denied as moot.

PER CURIAM DO NOT PUBLISH

This proceeding arises out of Cause No. 2008-CR-7574, styled The State of Texas v. Ricardo Lopez, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.