COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
' No. 08-13-00179-CR
IN RE: JESUS GARCIA,
' AN ORIGINAL PROCEEDING
Relator.
' IN MANDAMUS
'
MEMORANDUM OPINION
Relator, Jesus Garcia has filed a petition for writ of mandamus against the Honorable
Maria Salas-Mendoza, Judge of the 120th District Court of El Paso County, Texas asking that we
order her to issue a writ of habeas corpus. Relator has also filed a motion for emergency relief
by which he seeks to stay further proceedings in the trial court1 pending resolution of this
original proceeding. See TEX.R.APP.P. 52.10(a).
Relator’s petition for writ of mandamus is procedurally defective. Shortly after Relator
filed the mandamus petition, the Court notified Relator that the petition was procedurally
defective in several respects and ordered him to file an amended petition. He corrected some of
the defects but Relator failed to file a certificate of service showing that he served a copy of the
mandamus petition on the District Attorney’s Office. See TEX.R.APP.P. 9.5(a), (d)(providing
1
The habeas corpus proceeding is pending in the 120th District Court and is styled Ex parte Jesus Garcia (cause
number 2013DCV1647).
that all documents presented to the Court must be served on all parties to the proceeding, and a
certificate of service representing service was performed must be attached to the document).
To demonstrate entitlement to a writ of mandamus in a criminal case, a relator must
establish that (1) the trial court failed to perform a duty that is purely ministerial under the facts
and the law, and (2) the relator has no other adequate legal remedy. State ex rel. Young v. Sixth
Judicial District Court of Appeals, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007); State ex rel. Hill
v. Court of Appeals for Fifth District, 34 S .W.3d 924, 927 (Tex.Crim.App. 2001). Based on the
record before us, we conclude that Relator has failed to establish that he is entitled to mandamus
relief. Accordingly, we deny the petition for writ of mandamus and the motion for emergency
relief.
August 7, 2013
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
(Do Not Publish)
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