In Re: Victor Bustos--Appeal from of County
Annotate this CaseCOURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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) No. 08-03-00416-CR
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IN RE: VICTOR BUSTOS ) AN ORIGINAL PROCEEDING
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) IN MANDAMUS
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MEMORANDUM OPINION
Relator Victor Bustos seeks a writ of mandamus to compel the trial court to reconsider the jury=s guilty verdict in an underlying criminal case. This Court has authority to issue a writ of mandamus in a criminal law matter only if two conditions are met: (1) there is no adequate remedy at law; and (2) the act sought to be compelled is ministerial. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991). Relator has not established either of these conditions. Instead, his petition is an improper collateral attack on his conviction.
Accordingly, the petition for writ of mandamus is denied.
September 25, 2003
DAVID WELLINGTON CHEW, Justice
Before Panel No. 1
Larsen, McClure, and Chew, JJ.
(Do Not Publish)
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