Court of Civil Appeals of Texas, 2021

in Re Jose Alberto Garcia

in Re Jose Alberto Garcia
Court of Civil Appeals of Texas · Decided April 14, 2021

in Re Jose Alberto Garcia

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00103-CR IN RE Jose Alberto GARCIA, Relator Original Proceeding 1 PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice Delivered and Filed: April 14, 2021 PETITION FOR WRIT OF MANDAMUS DENIED Relator has filed a petition for writ of mandamus. We have the power to issue writs of mandamus when “agreeable to the principles of law regulating those writs.” TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to file a petition and record showing the trial court abused its discretion and that no adequate legal remedy exists. See State ex rel. Young v. Sixth Judicial Dist. Ct. of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007).

Having reviewed the petition, we conclude relator has not satisfied this burden. Accordingly, we deny the petition. See TEX. R. APP. P. 52.8(a).

PER CURIAM DO NOT PUBLISH

This proceeding arises out of Cause No. 2018CR13110, styled State v. Garcia, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Andrew Wyatt Carruthers presiding.

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