NUMBER 13-25-00627-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

IN RE AMBER AIMEE MORENO

ON PETITION FOR WRIT OF MANDAMUS

MEMORANDUM OPINION Before Justices Silva, Peña, and West Memorandum Opinion by Justice West 1 Relator Amber Aimee Moreno has filed a petition for writ of mandamus asserting by five issues that the trial court lacks jurisdiction and that it failed to comply with its ministerial duties.

In a criminal case, to be entitled to mandamus relief, the relator must establish both that the act sought to be compelled is a ministerial act not involving a discretionary

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions). or judicial decision and that there is no adequate remedy at law to redress the alleged harm. See In re Meza, 611 S.W.3d 383, 388 (Tex. Crim. App. 2020) (orig. proceeding); In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam); In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). If the relator fails to meet both requirements, then the petition for writ of mandamus should be denied. See State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).

It is the relator’s burden to properly request and show entitlement to mandamus relief. See id.; In re Pena, 619 S.W.3d 837, 839 (Tex. App.—Houston [14th Dist.] 2021, orig. proceeding). “The petition must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the appendix or record.”

TEX. R. APP. P. 52.3(h). Relator’s burden includes providing a sufficient record to establish the right to mandamus relief. In re Schreck, 642 S.W.3d 925, 927 (Tex. App.—Amarillo 2022, orig. proceeding); In re Pena, 619 S.W.3d at 839; see generally TEX. R. APP. P. 52.3 (delineating the required form and contents of a petition in an original proceeding); id. R. 52.7(a) (providing that the relator “must file” a record including specific matters).

The Court, having examined and fully considered the petition for writ of mandamus, the response filed by the real party in interest, the State of Texas acting by and through Toribio “Terry” Palacios, the District Attorney of Hidalgo County, Texas, relator’s failure to provide an appendix or record, and the applicable law, is of the opinion that relator has not met her burden to obtain relief. Accordingly, we deny relator’s emergency motion for temporary relief, relator’s motion to accelerate and shorten time and request for

immediate action, and relator’s emergency motion pending disposition. We likewise deny relator’s petition for writ of mandamus and all relief sought therein.

JON WEST Justice Do not publish.

TEX. R. APP. P. 47.2 (b).

Delivered and filed on the 5th day of December, 2025.