In Re Carl Douglas Chopane--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-464 CV
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IN RE CARL DOUGLAS CHOPANE
Original Proceeding
MEMORANDUM OPINION

Relator Carl Douglas Chopane seeks mandamus relief to compel the trial court to certify that his criminal case is not a plea-bargain case, and that he has the right to appeal. See Tex. R. App. P. 25.2(a)(2). The information received from the trial court in Chopane's criminal case, No. 09-07-431 CR, indicates that the case is a plea bargain, and does not involve revocation of community supervision. Because the trial court did not fail to perform a purely ministerial duty, relator has not shown that he is clearly entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Accordingly, we deny relief on the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered November 1, 2007

Before Gaultney, Kreger, and Horton, JJ.