in Re Charles Matula

In The Court of Appeals Ninth District of Texas at Beaumont

__________________ NO. 09-21-00002-CR __________________

IN RE CHARLES MATULA

__________________________________________________________________

Original Proceeding

9th District Court of Montgomery County, Texas

Trial Cause No. SW-2020, #599 __________________________________________________________________

MEMORANDUM OPINION Through a petition for a writ of mandamus and a motion for temporary relief, Charles Matula seeks to stay execution on a search warrant issued on October 2, 2020, by the judge of the 9th District Court of Montgomery County, Texas, in his capacity as a magistrate and to compel the judge to quash the search warrant. 1 See State ex rel. Holmes v. Salinas, 774 S.W.2d 421, 422-23 (Tex. App.—Houston [14th Dist.] 1989, orig. proceeding).

To be entitled to mandamus relief, a relator must show that he has no adequate remedy at law available and that he seeks to compel a ministerial act. State ex rel. Healey v. McMeans, 884 S.W.2d 772, 774 (Tex. Crim. App. 1994) (orig. proceeding). An act is ministerial when the law clearly spells out the duty to be performed with such certainty that nothing is left to the exercise of discretion or judgment. Id. Relator has not shown that he has a clear and indisputable right to the relief sought. Accordingly, we deny the petition for writ of mandamus and motion for temporary relief. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM Submitted on February 9, 2021 Opinion Delivered February 10, 2021 Do Not Publish Before Golemon, C.J., Horton and Johnson, JJ. followed the trial court’s denial of the amended motion to quash on December 16, 2020.