Torres, Juan v. The State of Texas--Appeal from 23rd District Court of Brazoria County

State: Texas

Court: Texas Northern District Court

Docket No: 14-03-00900-CR

Case Date: 12/23/2004

Plaintiff: Torres, Juan

Defendant: The State of Texas--Appeal from 23rd District Court of Brazoria County

Preview:In re Todd Altschul--Appeal from 23rd District Court
of Brazoria County
Opinion issued April 29, 2004
In The
Court of Appeals
For The
First District of Texas
NO. 01-04-00278-CR
IN RE TODD ALTSCHUL, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Todd Altschul filed a petition for writ of mandamus requesting that this Court compel respondent // to conduct
a hearing on relator s motion for judgment nunc pro tunc in cause numbers 26672 and 26673. We deny the petition.
A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when
there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig.
proceeding). Relator acknowledges that his motion for judgment nunc pro tunc was rejected for filing in the district
court. Respondent has no duty to conduct a hearing, and does not abuse its discretion by declining to conduct a
hearing, on a motion that is not properly before it for consideration. //
The petition for writ of mandamus is therefore denied.
It is so ORDERED.
PER CURIAM
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Panel consists of Chief Justice Radack, and Justices Alcala and Bland.
Do not publish. Tex. R. App. P. 47.2(b).
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