COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ No. 08-11-00363-CR IN RE: ERIC FLORES, § ORIGINAL PROCEEDING RELATOR. ON PETITION FOR WRIT OF § MANDAMUS §

MEMORANDUM OPINION Relator Eric Flores, pro se, has filed a petition for writ of mandamus requesting that this Court compel the Honorable Patrick Garcia, Judge of the 384th Judicial District Court of El Paso County to grant several pretrial motions, and admit certain evidence for trial.

Relief by writ of mandamus is appropriate in instances where the relator demonstrates there is no adequate remedy at law available to correct the alleged harm, and that the action sought is not discretionary. See Simon v. Levario, 306 S.W.3d 318, 320 (Tex.Crim.App. 2009)(orig. proceeding). Based on the record before us, Relator has not demonstrated he is entitled to mandamus relief. See TEX.R.APP.P. 52.3. Accordingly, the petition is DENIED.

January 18, 2012 CHRISTOPHER ANTCLIFF, Justice Before McClure, C.J., Rivera, and Antcliff, JJ. (Do Not Publish)