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In re Mejia

Court of Appeals Fifth District of Texas at Dallas
Jan 21, 2015
No. 05-15-00040-CV (Tex. App. Jan. 21, 2015)

Opinion

No. 05-15-00040-CV

01-21-2015

IN RE NOEL ALONSO MEJIA, Relator


Original Proceeding from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. F93-00369-VU

MEMORANDUM OPINION

Before Justices Lang, Fillmore, and Brown
Opinion by Justice Lang

Relator filed his "Application for Writ of Habeas Corpus for Documents, Records and Statements of Facts" complaining that he possesses only two documents related to the appeal of his criminal case: the brief filed by his attorney in this Court and this Court's opinion, which affirmed the trial court's judgment. He states he needs documents, records, the statement of facts, and transcripts to file a post-conviction petition for writ of habeas corpus challenging his incarceration. We treat relator's petition as a petition for writ of mandamus. Our mandamus jurisdiction is limited. TEX. GOV'T CODE ANN. § 22.221 (West 2010). In a criminal case, to be entitled to mandamus relief, the relator must show two things: (1) that he has no adequate remedy at law, and (2) that he seeks to compel a ministerial act by an official over whom the government code grants this Court mandamus jurisdiction. See In re Bonilla, 424 S.W.3d 528, 533 (Tex. Crim. App. 2014). Relator's petition does not complain that any official who is subject to this court's mandamus jurisdiction has refused to perform a ministerial act. Accordingly, we DENY the petition for writ of mandamus.

Relator was convicted of murder and sentenced to life imprisonment. We affirmed the trial court's judgment. Mejia v. State, No. 05-93-00462-CR, 1994 WL 649371, at *5 (Tex. App.—Dallas Nov. 18, 1994, no pet.) (not designated for publication).

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE
150040F.P05


Summaries of

In re Mejia

Court of Appeals Fifth District of Texas at Dallas
Jan 21, 2015
No. 05-15-00040-CV (Tex. App. Jan. 21, 2015)
Case details for

In re Mejia

Case Details

Full title:IN RE NOEL ALONSO MEJIA, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 21, 2015

Citations

No. 05-15-00040-CV (Tex. App. Jan. 21, 2015)