In Re: Shannon Mark Douthit--Appeal from 394th District Court of Presidio County

Annotate this Case

Download PDF

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE: SHANNON MARK DOUTHIT, § No. 08-10-00164-CR § AN ORIGINAL PROCEEDING § IN MANDAMUS Relator. § § MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS Shannon Mark Douthit has filed a pro se petition for writ of mandamus requesting this Court to order the Judge of the 394th Judicial District Court to grant his Motion for Nunc Pro Tunc Order to Set Aside Unauthorized Judgment of Conviction, and to hold a new punishment hearing. In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available; and (2) that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007). An act is ministerial if it does not involve the exercise of any discretion. State ex rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Based on the petition and record provided, Relator has not demonstrated he is entitled to mandamus relief. See TEX . R. APP . P. 52.8. We therefore deny Relator s request. GUADALUPE RIVERA, Justice July 7, 2010 Before Chew, C.J., McClure, and Rivera, JJ. (Do Not Publish)

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.