In Re Agustin Carreon--Appeal from 359th District Court of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00221-CR _________________ IN RE AGUSTIN CARREON ________________________________________________________________________ Original Proceeding ________________________________________________________________________ MEMORANDUM OPINION Agustin Carreon filed a petition for writ of mandamus to compel the convicting court to act on Carreon s post-conviction motion to amend an indictment nunc pro tunc to delete a paragraph that was abandoned by the State at trial.1 Carreon has not shown that he has a clear and indisputable right to the relief sought in the petition. See In re Brown, No. WR-75485-01, 2011 WL 1417041, *2 n.10 (Tex. Crim. App. Apr. 13, 2011). Accordingly, we deny the petition for writ of mandamus. PETITION DENIED. 1 The indictment resulted in conviction on other counts. See Carreon v. State, 63 S.W.3d 37 (Tex. App. Texarkana 2001, pet. ref d). 1 PER CURIAM Opinion Delivered May 25, 2011 Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2
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