in Re: Charles L. Grable ( 2004 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 5, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 5, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00700-CV

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IN RE CHARLES GRABLE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On July 26, 2004, relator filed a petition for writ of mandamus in this Court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  Relator complains that the district attorney withheld the terms and conditions of the plea agreement from relator.  Relator does not specify against whom he is seeking relief. 

We may issue a writ of mandamus against parties, other than district or county court judges, only when necessary to enforce our jurisdiction.  Tex. Gov=t Code Ann. ' 22.221(a) (Vernon 2004).  Relator has not established that issuing this writ is necessary to enforce our jurisdiction. We may also issue a writ of mandamus against a district or county court judge, if relator establishes the judge failed to comply with a ministerial duty.  See State ex rel. Rodriguez v. Marquez, 4 S.W.3d 227, 228 (Tex. Crim. App. 1999).  Relator must also establish he has no adequate remedy at law to redress the alleged harm.  Id.  Relator has not established a failure to comply with a ministerial duty or that he has no adequate remedy at law.           

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 5, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.