IN RE DAVID ROBLES--Appeal from 105th District Court of Nueces County

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NUMBER 13-10-00260-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE DAVID ROBLES On Motion for Leave to Proceed In Forma Pauperis and Petition for Writ of Mandamus MEMORANDUM OPINION Before Justices YaÃ±ez, Rodriguez, and Garza Memorandum Opinion Per Curiam1 Relator, David Robles, has filed a petition for writ of mandamus by which he requests that this Court direct respondent, the Honorable J. Manuel BaÃ±ales, presiding judge of the 105th Judicial District Court of Nueces County, Texas, to grant relator s October 9, 2009, Petition for Commutation of Sentence Recommendation. 2 Relator has also filed a Motion for Leave to Proceed In Forma Pauperis with this Court. We hereby GRANT relator s Motion for Leave to Proceed In Forma Pauperis. However, having reviewed and fully considered relator s petition for writ of mandamus, we 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. ) 2 In his petition, relator also nam es Carlos Valdez, Nueces County District Attorney, and Jim Kaelin, Nueces County Sheriff, as respondents. However, we do not have m andam us jurisdiction over these individuals. See T EX . G O V T C OD E A N N . § 22.221(b) (Vernon 2004). are of the opinion that relator is not entitled to the relief sought and the petition should be denied. See TEX . R. APP. P. 52.8(a). Accordingly, the petition for writ of mandamus is DENIED. PER CURIAM Do not publish. See TEX . R. APP. P. 47.2(b). Delivered and filed the 4th day of May, 2010. 2

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