MEMORANDUM OPINION No. 04-10-00865-CR IN RE Damian ESCALANTE Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: January 5, 2011 PETITION FOR WRIT OF MANDAMUS DENIED On December 7, 2010, relator filed a petition for writ of mandamus. The court has considered relator’s petition and is of the opinion that relator is not entitled to the relief sought.

Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM DO NOT PUBLISH

This proceeding arises out of Cause No. 2009-CR-8181, styled State of Texas v. Damian Escalante, Jr., in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Román presiding.