in Re Richard Lopez, Relator

MEMORANDUM OPINION

No. 04-11-00279-CR

IN RE Richard LOPEZ

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 18, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

On April 14, 2011, relator filed a petition for writ of mandamus, seeking relief from the trial court’s denial of relator’s “Application for Writ of Habeas Corpus Seeking Relief from Double Jeopardy.” However, in order to obtain a petition for writ of mandamus in a criminal proceeding, relator must establish: (1) the act sought to be compelled is ministerial rather than discretionary in nature, and (2) there is no adequate remedy at law. Dickens v. Second Court of Appeals, 727 S.W.2d 542, 548 (Tex. Crim. App. 1987). Relator has failed to establish he lacks an adequate remedy by appeal. An immediate appeal from the denial of relief in a habeas corpus proceeding regarding a double jeopardy claim is permitted. Greenwell v. Court of Appeals for Thirteenth Judicial Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005). Accordingly, relator’s petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM

DO NOT PUBLISH