in Re: Adolfo Cortinas

NUMBER 13-08-299-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE ADOLFO CORTINAS On Petition for Writ of Mandamus MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Benavides Per Curiam Memorandum Opinion1 Relator, Adolfo Cortinas, pro se, filed a petition for writ of mandamus in the above cause on May 12, 2008.2 The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. The petition generally fails to comply with Texas Rule of Appellate Procedure 52.3 1 See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinion but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). 2 On April 16, 2008, relator filed a separate, but sim ilar, pro se petition for writ of m andam us which was denied by this Court. See In re Cortinas, No. 13-08-213-CR, 2008 Tex. App. LEXIS 2939, *1 (Tex. App.–Corpus Christi Apr. 22, 2008, orig. proceeding) (m em . op.). and fails to establish that the district court: (1) had a legal duty to perform a nondiscretionary act, (2) was asked to perform the act, and (3) failed or refused to do so. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.–Amarillo 2001, orig. proceeding). Accordingly, the petition for writ of mandamus is DENIED. See TEX . R. APP. P. 52.8(a). PER CURIAM Do not publish. See T EX . R. A PP. P. 47.2(b). Memorandum Opinion delivered and filed this 23rd day of May, 2008. 2 3