Ex Parte Roberto Perales--Appeal from 180th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 19, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00736-CV

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IN RE ROBERT PERALES, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On August 6, 2004, relator filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator complains that the trial judge violated a ministerial duty by failing to set relator=s application for writ of habeas corpus for a hearing.

After final conviction in a felony case, an application for writ of habeas corpus must be filed with the Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004). Relator states that he was convicted of the offense of driving while intoxicated (third offense) on August 15, 2001. No appeal was taken. Based on these circumstances, we find that no ministerial duty to set a hearing arose from relator=s filing of the application for writ of habeas corpus in the District Court.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 19, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.