Opinion issued April 4, 2002
In The
Court of Appeals
For The
First District of Texas
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NO. 01-02-00341-CV
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IN RE MARK ALLEN KEY, Relator
Original Proceeding on Petition for Writ of Mandamus
O P I N I O N
Relator filed a motion for leave to file petition for writ of mandamus and writ of prohibition, complaining of respondent's (1) revocation of his pretrial release bond and the setting of a $100,000 surety appeal bond in cause number 10462.
In order to show that he is entitled to extraordinary relief, relator must demonstrate to this Court that he has no other adequate remedy at law, and that he is clearly entitled to the relief sought. Curry v. Wilson, 853 S.W.2d 40, 43 (Tex. Crim. App. 1993) (orig. proceeding) (application for writ of prohibition); Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding) (petition for writ of mandamus).
Article 44.04(g) of the Code of Criminal Procedure provides a right of appeal to the Court of Appeals for review of any judgment or order concerning an appeal bond. See Tex. Code Crim. P. Ann. art.44.04(g) (Vernon Supp. 2002).
Because relator had an adequate remedy at law, the motion for leave to file petition for writ of mandamus and writ of prohibition is denied.
PER CURIAM
Panel consists of Justices Cohen, Nuchia, and Smith. (2)
Do not publish. Tex. R. App. P. 47.
1. 2.