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
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NO. 01-21-00005-CR
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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Do not publish.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