CourtListener 10801981•In Re Jesus R. Salazar v. the State of Texas
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NUMBER 13-26-00177-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE JESUS R. SALAZAR
ON PETITION FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before Justices Silva, Cron, and Fonseca
Memorandum Opinion by Justice Silva1
Jesus R. Salazar has filed a “Letter of Intent” in which he requests the trial court to
“start the appeals process” and “appoint [him] an attorney for this process.” Salazar refers
to this pleading as an “action and writ.” Salazar’s pleading concerns trial court cause
number 24FC-4327-B in the 117th District Court of Nueces County, Texas. Salazar
previously pursued a direct appeal of his conviction from this trial court cause number,
and the Court dismissed that appeal as untimely. See Salazar v. State, No. 13-25-00436-
1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not
required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R.
47.4 (distinguishing opinions and memorandum opinions).
CR, 2025 WL 2937450, at *1 (Tex. App.—Corpus Christi–Edinburg Oct. 16, 2025, no pet.)
(mem. op., not designated for publication). Accordingly, we liberally construe Salazar’s
pleading as a petition for writ of mandamus. See generally TEX. R. APP. P. 25.2 (governing
the perfection of appeal in criminal cases); In re Castle Tex. Prod. Ltd. P’ship, 189 S.W.3d
400, 403 (Tex. App.—Tyler 2006, orig. proceeding [mand. denied]) (“The function of the
writ of mandamus is to compel action by those who by virtue of their official or quasi-
official positions are charged with a positive duty to act.”).
In a criminal case, to be entitled to mandamus relief, the relator must establish that
the act sought to be compelled is a ministerial act that does not involve a discretionary or
judicial decision, and that there is no adequate remedy at law to address the alleged
harm. See In re Meza, 611 S.W.3d 383, 388 (Tex. Crim. App. 2020) (orig. proceeding);
In re Harris, 491 S.W.3d 332, 334 (Tex. Crim. App. 2016) (orig. proceeding) (per curiam).
If the relator fails to meet both requirements, then the petition for writ of mandamus should
be denied. See State ex rel. Young v. Sixth Jud. Dist. Ct. of Apps. at Texarkana, 236
S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). It is the relator’s burden to
properly request and show entitlement to mandamus relief. See id.; In re Pena, 619
S.W.3d 837, 839 (Tex. App.—Houston [14th Dist.] 2021, orig. proceeding); see also
Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig.
proceeding) (per curiam) (“Even a pro se applicant for a writ of mandamus must show
himself entitled to the extraordinary relief he seeks.”).
The Texas Rules of Appellate Procedure delineate the required form and contents
for a petition for writ of mandamus. See generally TEX. R. APP. P. 52.3, 52.7. “The petition
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must contain a clear and concise argument for the contentions made, with appropriate
citations to authorities and to the appendix or record.” Id. R. 52.3(i). The relator must
provide a record that is sufficient to establish the right to mandamus relief. In re Schreck,
642 S.W.3d 925, 927 (Tex. App.—Amarillo 2022, orig. proceeding); In re Pena, 619
S.W.3d at 839.
The Court, having examined and fully considered the pleading at issue, and having
construed it as a petition for writ of mandamus, is of the opinion that Salazar has not met
his burden to obtain relief. Salazar’s petition fails to meet the requirements of the Texas
Rules of Appellate Procedure, and without argument, authority, or supporting
documentation, we cannot ascertain the merits of his requests for relief. We further note
that the habeas corpus procedure set out in Article 11.07 of the Texas Code of Criminal
Procedure is the exclusive remedy for felony post-conviction relief in state courts. See
TEX. CODE CRIM. PROC. art. 11.07; Padieu v. Ct. of Apps. of Tex., Fifth Dist., 392 S.W.3d
115, 117 (Tex. Crim. App. 2013) (orig. proceeding); In re Briscoe, 230 S.W.3d 196, 197
(Tex. App.—Houston [14th Dist.] 2006, orig. proceeding); see also Calton v. Schiller, 498
S.W.3d 247, 252 (Tex. App.—Texarkana 2016, pet. denied). Accordingly, we deny the
petition for writ of mandamus.
CLARISSA SILVA
Justice
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
27th day of February, 2026.
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