In Re Edward Hill--Appeal from 128th District Court of Orange County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-291 CV
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IN RE EDWARD HILL
Original Proceeding
MEMORANDUM OPINION (1)

On June 26, 2003, Edward Hill filed a petition for writ of mandamus. The relator seeks an order to compel the Honorable Pat Clark, Judge of the 128th District Court of Orange County, Texas, to vacate a judgment nunc pro tunc on the grounds that his conviction for aggravated assault, as a lesser included offense of attempted murder, is for an uncharged crime outside the subject matter jurisdiction of the convicting court.

We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). The Court of Criminal Appeals and the federal district court have considered and rejected the claims presented in Hill's petition for writ of mandamus.

The petition for writ of mandamus is therefore denied.

WRIT DENIED.

PER CURIAM

 

Opinion Delivered July 10, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.