Court of Appeals of Texas, 2012

in Re Robert James Watson, Relator

in Re Robert James Watson, Relator
Court of Appeals of Texas · Decided March 21, 2012
in Re Robert James Watson, Relator

Opinion

MEMORANDUM OPINION

No. 04-12-00152-CR

IN RE Robert James WATSON

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: March 21, 2012

PETITION FOR WRIT OF MANDAMUS DENIED

On March 12, 2012, relator Robert James Watson filed a petition for writ of mandamus, asking this court to set aside the judgment and dismiss the indictment against him. However, in a criminal case, in order to be entitled to mandamus relief relator must establish: “(1) he has no other adequate legal remedy; and (2) under the relevant facts and law, the act sought to be compelled is purely ministerial.” In re Reed, 137 S.W.3d 676, 678 (Tex. App.—San Antonio 2004, orig. proceeding) (citing State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001)). The court has considered relator’s petition and is of the opinion that relator has not established he is entitled to mandamus relief. Id. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM DO NOT PUBLISH

1 This proceeding arises out of Cause No. 11-1543-CR, styled State of Texas v. Robert James Watson, in the 274th Judicial District Court, Guadalupe County, Texas, the Honorable Gary Steel presiding.

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