in Re: Noah Garza ( 2010 )

NUMBER 13-10-00485-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE: NOAH GARZA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Vela
Memorandum Opinion Per Curiam
Relator, Noah Garza, pro se, filed a petition for writ of mandamus in the above
cause on August 30, 2010, seeking to compel the trial court to issue a nunc pro tunc
order modifying its original judgment to reflect pre-sentence back time jail credit. The
Court requested and received a response to the petition for writ of mandamus from the
real party in interest, the State of Texas, acting by and through the Criminal District
Attorney in and for Matagorda County, Texas.
Mandamus relief may be granted if the relator shows that: (1) the act sought to
be compelled is purely ministerial; and (2) there is no adequate remedy at law. See
Deleon v. Dist. Clerk, 187 S.W.3d 473, 474 (Tex. Crim. App. 2006) (orig. proceeding).
The relator must have a “clear right” to the relief sought and the merits of the relief
sought must be “beyond dispute.” See id. “The requirement of a clear legal right
necessitates that the law plainly describes the duty to be performed such that there is
no room for the exercise of discretion.” See id.
The Court, having examined and fully considered the petition for writ of
mandamus and the response thereto, is of the opinion that relator has not shown
himself entitled to the relief sought. Accordingly, the petition for writ of mandamus is
DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Do not publish.
See Tex. R. App. P. 47.2(b).
Delivered and filed this the
17th day of September, 2010.
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