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

This proceeding arises out of Cause No. 2009-CR-5395, styled State of Texas v. Richard Lopez, in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

04-11-00279-CR

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DO NOT PUBLISH

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