in Re Donald Ray Mezzell ( 2003 )

Opinion issued December 31, 2003

In The

Court of Appeals  

For The  

First District of Texas  

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NO. 01-03-01233-CR

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IN RE DONALD RAY MEZZELL, Relator

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Original Proceeding on Petition for Writ of Mandamus  

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MEMORANDUM OPINION

               Relator, Donald Ray Mezzell, filed in this Court a petition for writ of mandamus complaining that he pleaded guilty to driving while intoxicated in cause number 450639 without having waived his right to a jury trial. He requests that this Court order the judge of Harris County Criminal Court at Law No. 8 to grant his motion to dismiss the final misdemeanor conviction.

               Mandamus issues only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy at law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). Relator petitions this Court to direct the trial court to dismiss a final criminal conviction. The lower court has no legal duty to do so, however, and, even if it did, relator has not provided us with a record confirming that he made such a request. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

               The petition for writ of mandamus is therefore denied.  

               It is so ORDERED.  

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Higley.

Do not publish. Tex. R. App. P. 47.2(b).