In re Raymond Edward Leal Appeal from 208th District Court of Harris County (memorandum opinion per curiam)
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Petition for Writ of Mandamus denied and Memorandum Opinion filed May 18, 2017. In The Fourteenth Court of Appeals NO. 14-17-00196-CR IN RE RAYMOND EDWARD LEAL, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 208th District Court Harris County, Texas Trial Court Cause No. 1227701 MEMORANDUM OPINION On March 17, 2017, relator Raymond Edward Leal filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Denise Collins, presiding judge of the 208th District Court of Harris County, to proceed with a new trial that includes a guilt phase. Specifically, relator contends the trial court abused its discretion by denying his motion to be retried as to guilt following remand from this court in a prior appeal after appellant pleaded guilty to murder.1 Because we conclude the trial court did not abuse its discretion, we deny the petition. See Ex parte Pete, Nos. PD–0771–16, PD–0772–16, & PD–0773–16, __ S.W.3d__, 2017 WL 1536183, at *5 (Tex. Crim. App. April 26, 2017) (holding that if error occurring during punishment phase had “no conceivable effect” on guilt phase, no compelling reason exists to repeat guilt phase). PER CURIAM Panel consists of Justices Christopher, Busby, and Jewell. Do Not Publish — Tex. R. App. P. 47.2(b). Leal v. State, No. 14–12–00031–CR, 2012 WL 4465229 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (mem. op.). 1 2
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