WR-82,831-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/6/2015 3:39:05 AM
Accepted 2/6/2015 9:42:33 AM
IN THE TEXAS COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
STATE OF TEXAS § RECEIVED
§ COURT OF CRIMINAL APPEALS
2/6/2015
v. § CASE NO. ____________
ABEL ACOSTA, CLERK
§
LUIS SOLIS GONZALEZ §
MOTION FOR LEAVE TO FILE EMERGENCY WRIT OF MANDAMUS
That Respondent Honorable Judge Luis Aguilar is the duly elected and qualified judge of
the 243rd Judicial District Court. By virtue of his office, Respondent has jurisdiction over the
instant case in which Defendant/Relator is seeking relief.
Defendant/Relator seeks relief in the instant case from Respondent’s abuse of discretion,
to wit; Respondent has ordered Defendant/Relator to trial for a capital offense in which State is
seeking the death penalty before required DNA testing of biological evidence has been
completed, in violation of T.C.C.P. 38.43.
The act or acts that Defendant/Relator seeks to compel of Respondent are ministerial,
rather than discretionary.
Defendant/Relator has no other adequate remedy at law to compel Respondent to grant
the above request.
WHEREFORE, PREMISES CONSIDERED Defendant/Relator’s right to Due Process,
as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution; and
Art. I, Sec. 10 and Sec. 19 of the Texas Constitution; and Art. 38.43 of the Texas Code of
Criminal Procedure, has been denied and the Defendant/Relator is entitled to a writ of
mandamus to compel the Honorable Trial Judge to grant the instant requests.
Respectfully submitted,
JOE A. SPENCER
ATTORNEY AND COUNSELOR AT LAW
1009 Montana Ave.
El Paso, Texas 79902
(915) 532-5562
(915) 532-7535 fax
/s/
JOE A. SPENCER
State Bar No. 18921800
JOSHUA C. SPENCER
ATTORNEY AND COUNSELOR AT LAW
1009 Montana Ave.
El Paso, Texas 79902
(915) 532-5562
(915) 532-7535 fax
/s/
JOSHUA C. SPENCER
State Bar No. 24067879
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a copy of the above motion was sent by hand delivery
to State’s Assistant District Attorney, Denise Butterworth and to the trial court: the Honorable
Luis Aguilar, 243rd District Court of El Paso County, Texas.
/s/
JOE A. SPENCER