IN RE: FERNANDO MARTINEZ CORTEZ

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Court of Appeals of Texas, Dallas.

IN RE: FERNANDO MARTINEZ CORTEZ, Relator

No. 05-10-00059-CV

Decided: January 26, 2010

Before Justices Morris, Francis, and Fillmore

MEMORANDUM OPINION

Opinion by Justice Fillmore

Relator contends the trial court violated a ministerial duty by denying his motion for judgment nunc pro tunc.   The facts and issues are well known to the parties, so we need not recount them herein.   Based on the record before us, we conclude relator has not shown he is entitled to the relief requested.   See Tex.R.App. P. 52.8(a);  State ex rel. Hill v. Court of Appeals for the Fifth Dist., 67 S.W.3d 177, 180-81 (Tex.Crim.App.2001);  State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex.Crim.App.2001).   Accordingly, we DENY relator's petition for writ of mandamus.

100059F.P05

ROBERT M. FILLMORE JUSTICE

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