In Re Ronnie Thomas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-193 CV
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IN RE RONNIE E. THOMAS
Original Proceeding
MEMORANDUM OPINION

On May 12, 2006, Ronnie E. Thomas filed a petition for writ of mandamus to compel the trial court to dismiss an indictment for robbery. Thomas contends further prosecution of the case is barred because another person has been prosecuted for the offense. Thomas does not explain why he cannot be prosecuted as a party to the offense. See Tex. Pen. Code Ann. 7.01 (Vernon 2003). We may grant mandamus relief if relator demonstrates that he has no other adequate remedy at law to address the alleged error and that the act the relator seeks to compel is ministerial. State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). An act is ministerial if it does not involve the exercise of any discretion and the relator has a clear and indisputable right to relief. Id. In this case, the relator has not shown that he is entitled to the relief sought.

The petition for writ of mandamus is denied.

WRIT DENIED.

 

PER CURIAM

 

Opinion Delivered June 1, 2006

Before McKeithen, C.J., Kreger and Horton, JJ.