                                    NUMBER 13-10-00096-CR

                                   COURT OF APPEALS

                       THIRTEENTH DISTRICT OF TEXAS

                          CORPUS CHRISTI - EDINBURG
____________________________________________________________

                IN RE: DAVID ALAN RODRIGUEZ
____________________________________________________________

               On Petition for Writ of Mandamus.
____________________________________________________________

                                    MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Benavides and Vela
                    Memorandum Opinion Per Curiam1

        On February 16, 2010, relator, David Alan Rodriguez, filed a petition for writ of

mandamus in which he requests that this Court direct respondent, the Honorable Juergen

Skipper Koetter, presiding judge of the 24th District Court of Jackson County, Texas, to

immediately commence a new trial in light of our holding in Rodriguez v. State, No. 13-08-

00522-CR, 2009 Tex. App. LEXIS 6335, at *21 (Tex. App.–Corpus Christi Aug. 13, 2009)




         1
           See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinion but
is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).
(mem. op., not designated for publication).2

        This Court, having examined and fully considered the petition for writ of mandamus,

is of the opinion that relator has not shown himself entitled to the relief sought and the

petition should be denied. See TEX . R. APP. P. 52.8(a). Accordingly, the petition for writ

of mandamus is DENIED.

                                                                PER CURIAM



Do not publish.
TEX . R. APP. P. 47.2(b)
Delivered and filed the
2nd day of March, 2010.




        2
         The title of the February 16, 2010 docum ent filed by Rodriguez is “Pleading for Mandam us.” W e
construe this docum ent as a petition for writ of m andam us.

                                                   2
