IN RE: BILLY J. BASHAM--Appeal from 107th District Court of Cameron County
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NUMBER 13-08-00629-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE BILLY J. BASHAM On Petition for Writ of Mandamus MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Memorandum Opinion1 Per Curiam Relator, Billy J. Basham, filed a petition for writ of mandamus on August 11, 2008, seeking relief from an order directing the withdrawal of funds from relator s inmate trust account.2 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. 1 See T E X . R . A PP . P . 5 2 .8 (d ) ( W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so. ); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). 2 This cause was originally docketed in this Court as a crim inal m atter. See In re Basham, No. 13-0800478-CR, 2008 Tex. App. LEXIS ___, at *1 (Tex. App. Corpus Christi Nov. __, 2008, orig. proceeding) (per curiam ) (m em . op.). Mandamus relief is proper only to correct a clear abuse of discretion when there is no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). The relator has the burden of establishing both prerequisites to mandamus relief. In re CSX Corp., 124 S.W.3d 149, 151 (Tex. 2003) (orig. proceeding). This burden is a heavy one. See In re Epic Holdings, Inc., 985 S.W.2d 41 (Tex. 1998) In the instant case, relator has failed to meet this burden. The petition for writ of mandamus and accompanying documents do not establish a clear abuse of discretion by the trial court. See generally TEX . R. APP. P. 52.3(h), 52.3(k), 52.7. Moreover, relator has not demonstrated that he lacks an adequate remedy by appeal. See In re Johnson, No. AP-75,898, slip. op. ΒΆ 22 (Tex. Crim. App. Oct. 29, 2008) (orig. proceeding), available at http://www.cca.courts.state.tx.us/OPINIONS/HTMLOPINIONINFO.ASP?OPINIONID=17 534; Reed v. State, No. 04-07-00004-CV, 2008 Tex. App. LEXIS 5085, at *20 (Tex. App. San Antonio July 9, 2008, no pet.) (op.); Abdullah v. State, 211 S.W.3d 938, 940-41 (Tex. App. Texarkana 2007, no pet.). Accordingly, the petition for writ of mandamus is DENIED. See TEX . R. APP. P. 52.8(a). PER CURIAM Memorandum Opinion delivered and filed this 13th day of November, 2008. 2
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