Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00441-CR
IN RE Roy Louis SMITHWICK Jr.
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: August 5, 2015
PETITION FOR WRIT OF MANDAMUS DENIED
On July 16, 2015, relator filed a pro se petition for writ of mandamus complaining of the
trial court’s failure to order the district attorney’s office to investigate relator’s claims of criminal
misconduct by the prosecutor and an expert witness involved in his 1992 murder conviction. 2 The
court has considered relator’s petition and is of the opinion that relator is not entitled to the relief
sought. In a criminal case mandamus relief is authorized only if the relator establishes “(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.” See State ex rel. Hill v. Court of Appeals for Fifth Dist., 34
S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding); In re Reed, 137 S.W.3d 676, 678
1
This proceeding arises out of Cause No. 1992CRA00041-D1, styled The State of Texas v. Roy L. Smithwick Jr.,
pending in the 49th Judicial District Court, Webb County, Texas, the Honorable Jose A. Lopez presiding.
2
This court affirmed relator’s conviction on his direct appeal in Smithwick v. State, No. 04-92-00520-CR, 1995 WL
540279, at *8 (Tex. App.—San Antonio Sept. 13, 1995, no pet.).
04-15-00441-CR
(Tex. App.—San Antonio 2004, orig. proceeding). Accordingly, the petition for writ of mandamus
is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
-2-