in Re: David Alan Rodriguez

NUMBER 13-10-00096-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ IN RE: DAVID ALAN RODRIGUEZ ____________________________________________________________ On Petition for Writ of Mandamus. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Benavides and Vela Memorandum Opinion Per Curiam1 On February 16, 2010, relator, David Alan Rodriguez, filed a petition for writ of mandamus in which he requests that this Court direct respondent, the Honorable Juergen Skipper Koetter, presiding judge of the 24th District Court of Jackson County, Texas, to immediately commence a new trial in light of our holding in Rodriguez v. State, No. 13-08- 00522-CR, 2009 Tex. App. LEXIS 6335, at *21 (Tex. App.–Corpus Christi Aug. 13, 2009) 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). (mem. op., not designated for publication).2 This 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 and the petition 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 PER CURIAM Do not publish.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) Delivered and filed the 2nd day of March, 2010. 2 The title of the February 16, 2010 docum ent filed by Rodriguez is “Pleading for Mandam us.” W e construe this docum ent as a petition for writ of m andam us. 2