IN RE: VICTOR C. SANFORD--Appeal from 329th District Court of Wharton County

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NUMBER 13-07-531-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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IN RE: VICTOR C. SANFORD

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On Petition for Writ of Mandamus
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Benavides and Vela
Memorandum Opinion Per Curiam (1)

Relator, Victor C. Sanford, pro se, filed a petition for writ of mandamus in the above cause on August 30, 2007. The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. The petition generally fails to comply with Texas Rule of Appellate Procedure 52.3 and, accordingly, fails to establish: (1) that the act sought to be compelled is purely ministerial; and (2) that there is no adequate remedy at law.

 

See generally Tex. R. App. P. 52.3 (delineating the requirements for petitions in original proceedings); Aranda v. Dist. Clerk, 207 S.W.3d 785, 786 (Tex. Crim. App. 2006). Accordingly, the petition for writ of mandamus is hereby DENIED. See Tex. R. App. P. 52.8(a). (2)

PER CURIAM

 

Do not publish. See Tex. R. App. P. 47.2(b).

Memorandum opinion delivered and filed

this 31st day of August, 2007.

 

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

2. We dismiss relator's motion for leave to file the petition for writ of mandamus as moot because the Texas Rules of Appellate Procedure no longer require a motion for leave in original proceedings. See generally Tex. R. App. P. 52 & cmt.

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