Case Information

*1 Christian Penigar #1791684 George Beto Unit 1391 FM 3328 Tennessee Colony, TX 75880 June 7, 2015

Honorable Abel Acosta, Clerk

Supreme Court Bldg.

201 W. 14th St. RM 106

P.O. Box 12308

Austin, Texas 78711-2308

RE: Writ of Mandamus

Dear Honorable Acosta:

Please find enclosed my Writ of Mandamus. Please bring this to the attention of the court.

Thank you for·your time and attention.

COURT RECEiVED IN OF CRIMINAL. APPEALS JUN ln 2C:s TDCJ-CID NO. 1791684

George Beto Unit

1391 FM 3328

Tennessee Colony, Texas 75880

IN THE COURT OF CRIMINAL ·APPEALS OF TEXAS CAUSE NO.

IN RE: CHRISTIAN PENIGAR, Relator

HONORABLE JAMES RUSH, JUDGE, Respondent ON APPLICATION FOR A WRIT OF MANDAMUS CAUSE NO. C-37,745 FROM. ECTOR COUNTY, TEXAS TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, Christian Penigar, Relator in the above styled and number ed cause, and files this Writ of Mandamus. Relator will respectfully show as follows:

I.

JURISDICTION "This court is empowered by ArticleV, § 5, of theTexas Constitution to issue Writs of Mandamus in all criminal law matters." See ex rel Healey v. McMeans, 884 S.W.2d 772 (Tex.Cr.App. 1994).

II. RELATOR Christian Penigar, TDCJ-CID NO. 1791684, is an offender incarcerated in the Texas Department of ·Criminal Justice and ·is appearing pro se, who can be located at: George Beto Unit, 1391 FM 3328, Tennessee Colony, Texas 75880- 5000.

The act sought to be compelled is ministerial, not discretionary in na- ture.

III. RESPONDENT Respondent, Honorable James Rush, Judge, in his capacity as District Judge of Ector County, Texas has a ministerial duty to render a decision in regards to Relator's Motiong for Judgment Nunc Pro Tunc Order. Judge Rush, first of all, was acting under a conflict of interest when·he pronounced sen tence against Relator which results from Relator's:arrest involving Judge Rush's bank. This has further extended to the present case.

Relator appeared before the Honorable James Rush, on August 25, 2011, having entered a plea of guilty; sentenced to nine (9)months State Jail.

Having served his sentence, the Court has a duty -to prevent Relator from being prejudiced as he is presently experiencing.

IV. ADEQUATE . LEGAL REMEDY Relator has "no other adequate legal remedy."

CLERICAL ERROR The Texas Department of Criminal Justice (TDCJ) records reflect a de~ tainer under Relator's present sentence in regards to the above cause where Relator has completed his state jail sentence. Relator has sought legal reme dy via Motion for Judgment Nunc Pro Tunc Order pursuant to Texas Rules of Appellate Procedure, Rule 23.2(a) and (b), to no.avail.

TDCJ records, as it presently stands under these circumstances, will cause Relator's parole to be automatically revoked.

WHEREFORE .PREMISES CONSIDERED, Relator, for· reason shown moves the Ho norable Court to issue the necessary Court Order, ordering .th'lt Texas Depart ment of Criminal Justice reflect the ·truth of what actually occurred; to ad just the inaccuracies and deficiencies regarding the detainer in·relation to a sentence that has been-served. In the alternative, Order the 244th Ju dicial Court to render a decision regarding Relator's Motion for Judgment Nunc Pro Tunc Order.

~~~-~ly submitted,

(__;:{~

Christian Penigar, Pro se

CERTIFICATE OF SERVICE .I, Christian Penigar, do hereby certify that a. true and correct copy of Relator's Petition for Writ of Mandamus has'been served by United States mail addressed to:

Honorable Janis Dunn-Morgan, District Clerk

Courthouse RM 301

300 N. Grant Ave.

Odessa, Texas 79761

For: Judge Rush