in Re: Jose Manuel Trejo





NUMBER 13-08-083-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG



IN RE: JOSE MANUEL TREJO



On Petition for Writ of Mandamus



MEMORANDUM OPINION



Before Chief Justice Valdez and Justices Garza and Benavides

Per Curiam Memorandum Opinion (1)



Relator, Jose Manuel Trejo, proceeding pro se, has filed a petition for mandamus relief by which he requests this Court to direct respondent, the Honorable Margarito Garza, (2) Judge of the 148th Judicial District Court of Nueces County, Texas, to issue a judgment nunc pro tunc convicting relator of robbery instead of aggravated robbery. This Court requested a response from the real party in interest, the Honorable Carlos Valdez, the district attorney of Nueces County, Texas, and a response was timely filed.

The Court, having examined and fully considered the petition for writ of mandamus and the response, is of the opinion that relator has not shown himself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8(a). Accordingly, the petition for writ of mandamus is DENIED.



Per Curiam



Do not publish.

Tex. R. App. P. 47.2(b).





Memorandum Opinion delivered and filed

on the 20th day of March, 2008.



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."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

2. The Honorable Margarito Garza is no longer the presiding judge of the 148th Judicial District Court of Nueces County, Texas.