in Re: Robert E. Rodriguez ( 2015 )

DENY; and Opinion Filed January 30, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00122-CV
IN RE ROBERT E. RODRIGUEZ, Relator
On Original Proceeding from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-80180-2014
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Brown
Opinion by Justice Fillmore
Before the Court is relator’s January 30, 2015 petition for writ of mandamus. In his
petition, relator contends the trial court abused its discretion by denying his motion to dismiss the
indictment in cause number 296-80180-2014 because it was obtained by a prosecutor who was
disqualified at the time the indictment was presented to and obtained from the grand jury and the
indictment is void. According to relator, a void indictment “does not vest the trial court with
jurisdiction, therefore the trial court is powerless to act on such an indictment or force a
defendant to go to trial on such an indictment.” Relator maintains the trial court’s denial of his
motion to dismiss is a clear abuse of discretion and itself a void order, and that mandamus should
issue to correct the trial court’s void order and dismiss the void indictment. Relator has failed to
show entitlement to relief by mandamus. See In re McCann, 422 S.W.3d 701, 704 (Tex. Crim.
App. 2013)(orig. proceeding) (mandamus relief may be granted if a relator shows that (1) the act
sought to be compelled is purely ministerial, and (2) there is no adequate remedy at law.); In re
State ex. re. Weeks, 391 S.W.3d 117, 121-23 (Tex. Crim. App. 2013) (orig. proceeding) (same).
Accordingly, we deny relator’s petition for writ of mandamus.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
150122F.P05
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