in Re Martin Balleza

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00180-CR

IN RE Martin BALLEZA, Relator

Original Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Irene Rios, Justice

Liza Rodriguez, Justice

Delivered and Filed: June 9, 2021

PETITION FOR WRIT OF MANDAMUS DENIED

Relator has filed a petition for writ of mandamus. We may issue such writs 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 appellate 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); id. R. 52.7(a) (requiring relator to file a certified or sworn copy of every document material to relator’s claim for relief that was filed in the underlying proceeding).

PER CURIAM

Do Not Publish

This proceeding arises out of Cause No. 2017CR12645, styled State v. Balleza, pending in the 399th Judicial District