Opinion

in Re Nasario Vasquez

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 11, 2021
Status
Published
Cited by
0 cases
Authority
More cited than 15.1%

to obtain mandamus relief in criminal case, relator must show act sought to be compelled is ministerial and relator lacks adequate remedy at law

How later courts described this case

  • to obtain mandamus relief in criminal case, relator must show act sought to be compelled is ministerial and relator lacks adequate remedy at law

Written by the judges who cited it.

The opinion

Opinion issued March 11, 2021

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-21-00005-CR

———————————

IN RE NASARIO VASQUEZ, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Nasario Vasquez, has filed a pro se petition for writ of mandamus

raising nine issues challenging his conviction of the offense of murder.1 We deny

the petition.

1

The underlying case is The State of Texas v. Nasario Vasquez, cause number

1464140, pending in the 208th District Court of Harris County, Texas, the

Honorable Greg Glass presiding.

The sole method for collaterally attacking a felony conviction is an application

for writ of habeas corpus as described in Article 11.07 of the Code of Criminal

Procedure. See In re Harrison, 187 S.W.3d 199, 200 (Tex. App.—Texarkana 2006,

orig. proceeding); In re Brown, No. 14-08-00022-CV, 2008 WL 450274, at *1 (Tex.

App.—Houston [14th Dist.] Feb. 21, 2008, orig. proceeding); TEX. CODE CRIM.

PROC. art. 11.07. Because the remedy afforded by Article 11.07 is adequate, relator

has not shown his entitlement to mandamus relief. See State ex. Rel. Young v. Sixth

Jud. Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (to obtain

mandamus relief in criminal case, relator must show act sought to be compelled is

ministerial and relator lacks adequate remedy at law).

We deny the petition. Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Hightower.

Do not publish. TEX. R. APP. P. 47.2(b).

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.