NUMBERS13-13-00587-CR & 13-13-00588-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE EDWARD G. OCHOA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam1
Relator, Edward G. Ochoa, proceeding pro se, filed a petition for writ of
mandamus in these appellate causes seeking to compel the trial court to rule on several
pleadings filed by relator in trial court cause numbers CR-0918-01-E and CR-1536-02-
E.
To be entitled to mandamus relief, the relator must show: (1) that he has no
adequate remedy at law, and (2) that what he seeks to compel is a ministerial act. In re
State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). If
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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).
the relator fails to meet both of these requirements, then the petition for writ of
mandamus should be denied. State ex rel. Young v. Sixth Jud. Dist. Ct. of App. at
Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
A remedy at law, though it technically exists, "may nevertheless be so uncertain,
tedious, burdensome, slow, inconvenient, inappropriate, or ineffective as to be deemed
inadequate." Greenwell v. Ct. of App. for the Thirteenth Jud. Dist., 159 S.W.3d 645,
648–49 (Tex. Crim. App. 2005) (orig. proceeding). The act sought to be compelled
must be a ministerial act that does not involve a discretionary or judicial decision. State
ex rel. Young, 236 S.W.3d at 210. The ministerial-act requirement is satisfied if the
relator can show a clear right to the relief sought. In re State ex rel. Weeks, 391 S.W.3d
at 122. A clear right to relief is shown when the facts and circumstances dictate but one
rational decision "under unequivocal, well-settled (i.e., from extant statutory,
constitutional, or case law sources), and clearly controlling legal principles." Bowen v.
Carnes, 343 S.W.3d 805, 810 n.6 (Tex. Crim. App. 2011); see In re State ex rel. Weeks,
391 S.W.3d at 122.
It is relator’s burden to properly request and show entitlement to mandamus
relief. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.–Houston [1st Dist.] 1992, orig.
proceeding) (“Even a pro se applicant for a writ of mandamus must show himself
entitled to the extraordinary relief he seeks.”). In addition to other requirements, relator
must include a statement of facts supported by citations to “competent evidence
included in the appendix or record,” and must also provide “a clear and concise
argument for the contentions made, with appropriate citations to authorities and to the
appendix or record.” See generally TEX. R. APP. P. 52.3. In this regard, it is clear that
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relator must furnish an appendix or record sufficient to support the claim for mandamus
relief. See id. R. 52.3(k) (specifying the required contents for the appendix); R. 52.7(a)
(specifying the required contents for the record).
The Court, having examined and fully considered the petition for writ of
mandamus and the applicable law, is of the opinion that relator has not met his burden
to obtain mandamus relief. See State ex rel. Young, 236 S.W.3d at 210. Accordingly,
relator’s petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
12th day of November, 2013.
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