In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-092 CV
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IN RE STATE OF TEXAS EX. REL. MICHAEL A. MCDOUGAL,
DISTRICT ATTORNEY OF MONTGOMERY COUNTY, TEXAS
The State's motion for rehearing is granted. Our Memorandum Opinion of February 20, 2003, is withdrawn, and this Memorandum Opinion is substituted. See Tex. R. App. P. 52.9. When denying relief, the Court may hand down an opinion but is not required to do so. Tex. R. App. P. 52.8(d). We advise the parties of our decision in this memorandum opinion. Tex. R. App. P. 47.4.
We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). An act is "ministerial" if it does not involve the exercise of any discretion or the relator's entitlement to the relief sought is clear and indisputable such that its merits are beyond dispute. Id. at 927-28.
The Montgomery County District Attorney seeks to compel the Honorable Jerry Winfree, Judge of the Montgomery County Court at Law No. 2, to sentence the defendants in two cases, State v. Craig Lynn Norris, Cause No. 02-179585 and State v. Gamalier Verduzco, Cause No. 02-179585, in accordance with the parties' plea bargain agreements. A trial court has broad discretion in the area of plea bargains. Morano v. State, 572 S.W.2d 550, 551 (Tex. Crim. App. 1978). By definition, an area in which the trial court has discretion is not ministerial. The petition for writ of mandamus is therefore denied.
WRIT DENIED.
PER CURIAM
Opinion Delivered March 6, 2003
Before McKeithen, C.J., Burgess and Gaultney, JJ.