In Re Kenneth Ray Spencer, Jr.--Appeal from 284th District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-547 CV
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IN RE KENNETH RAY SPENCER, JR.
Original Proceeding
MEMORANDUM OPINION (1)

On December 1, 2003, Kenneth Ray Spencer, Jr., filed a petition for "Writ of Assistance." On December 11, 2003, we notified the relator that we would address the petition as a petition for writ of mandamus, and granted him thirty days to amend the petition to comply with the Rules of Appellate Procedure applicable to original proceedings filed in appellate courts. See Tex. R. App. P. 52. The relator did not amend his petition. 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 the 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). Spencer has not demonstrated that he is entitled to the relief sought. The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

 

Opinion Delivered January 29, 2004

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

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