In re Eustorgio Guzman Resendez Appeal from 229th Judicial District Court of Starr County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-20-00239-CR IN RE Eustorgio Guzman RESENDEZ Original Mandamus Proceeding 1 PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Irene Rios, Justice Delivered and Filed: May 27, 2020 PETITION FOR WRIT OF MANDAMUS DENIED On May 6, 2020, relator filed a pro se petition for writ of mandamus asking this court to order the real parties in interest to reopen an inquest and exhume certain bodies to examine them for positive identification and cause of death. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). “Although we have jurisdiction to direct a trial court to exercise its discretion, we are not permitted to tell the trial court how to rule on a pending matter.” In re Koehnke, 04-19- 1 This proceeding arises out of Cause No. 91-CR-43, styled Ex parte Eustorgio Guzman Resendez v. The State of Texas, pending in the Justice of the Peace Court, Precinct 3, Starr, Texas, the Honorable Salvador Zarate, Jr. presiding. 04-20-00239-CR 00735-CR, 2019 WL 5765711, at *1 (Tex. App.—San Antonio Nov. 6, 2019, orig. proceeding) (per curiam) (mem. op., not designated for publication). Therefore, after considering the petition and the record, this court concludes relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). PER CURIAM Do not publish -2-

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