In Re Carl Douglas Chopane--Appeal from 252nd District Court of Jefferson County

State: Texas

Court: Texas Northern District Court

Docket No: 09-07-00464-CV

Case Date: 11/01/2007

Plaintiff: James Leonard Phegley

Defendant: State of Texas--Appeal from 266th District Court of Erath County

Preview:In Re Carl Douglas Chopane--Appeal from 252nd
District Court of Jefferson County
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-07-464 CV
IN RE CARL DOUGLAS CHOPANE
Original Proceeding
MEMORANDUM OPINION
Relator Carl Douglas Chopane seeks mandamus relief to compel the trial court to certify that his criminal case is not a
plea-bargain case, and that he has the right to appeal. See Tex. R. App. P. 25.2(a)(2). The information received from
the trial court in Chopane's criminal case, No. 09-07-431 CR, indicates that the case is a plea bargain, and does not
involve revocation of community supervision. Because the trial court did not fail to perform a purely ministerial duty,
relator has not shown that he is clearly entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of
Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Accordingly, we deny relief on the petition for
writ of mandamus.
PETITION DENIED.
PER CURIAM
Opinion Delivered November 1, 2007
Before Gaultney, Kreger, and Horton, JJ.
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