IN RE: FRIZO VALERO--Appeal from 404th District Court of Cameron County

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NUMBER 13-09-00366-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE: FRIZO VALERO On Petition for Writ of Mandamus MEMORANDUM OPINION Before Justices Rodriguez, Garza and Vela Memorandum Opinion Per Curiam1 Relator, Frizo Valero, has filed a petition for writ of mandamus by which he requests that this Court direct respondent, the Honorable Elia Cornejo Lopez, presiding judge of the 404th Judicial District Court of Cameron County, Texas, to vacate her January 28, 2009 order granting the State s Motion for Reconsideration and to Void Orders Modifying Probation Judgment and Dismissing Charges. Having reviewed and fully considered the relator s petition for writ of mandamus and the State s response thereto, this Court is of the opinion that the relator is not entitled to the relief sought and that the petition should be denied. See TEX . R. APP. P. 52.8(a). Accordingly, the petition for writ of mandamus is DENIED. 1 See T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions), 52.8(d) ( W hen denying relief, the court m ay hand down an opinion but is not required to do so. ) PER CURIAM Do not publish. See TEX . R. APP. P. 47.2(b). Memorandum opinion delivered and filed on the 27th day of July, 2009. 2

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