MEMORANDUM OPINION
No. 04-12-00454-CR
IN RE Heriberto HERNANDEZ
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: August 15, 2012
PETITION FOR WRIT OF MANDAMUS DENIED
On July 30, 2012, relator filed a petition for writ of mandamus, complaining the trial
court denied his motion to dismiss appointed counsel. However, in order to be entitled to
mandamus relief, relator must establish “(1) the act sought to be compelled is purely ministerial,
and (2) that there is no adequate remedy at law.” Benson v. District Clerk, 331 S.W.3d 431, 432
(Tex. Crim. App. 2011). Whether to dismiss appointed counsel is discretionary with the trial
court. See Maes v. State, 275 S.W.3d 68, 71 (Tex. App.—San Antonio 2008, no pet.). An act
that involves the exercise of any discretion is not ministerial. State ex rel. Hill v. Court of
Appeals for Fifth Dist., 34 S.W.3d 924, 929 (Tex. Crim. App. 2001). Accordingly, because the
1
This proceeding arises out of Cause No. 2011-CR-7651, styled State of Texas v. Heriberto Hernandez, in the 226th
Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.
04-12-00454-CR
act sought to be compelled is not purely ministerial, we conclude the petition for writ of
mandamus should be DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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