|
IN RE: ERIC FLORES, Relator. |
§
§
§
§
§
§ |
No. 08-08-00007-CR AN ORIGINAL PROCEEDING IN MANDAMUS |
MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS
Relator, Eric Flores, seeks a writ of mandamus to compel the Honorable Alma Trejo, of the El Paso County Criminal Court at Law Number One to proceed with his criminal trial, and grant an evidentiary hearing on a writ of habeas corpus he has filed with the El Paso County District Clerk. Mr. Flores contends that the trial court has abused her discretion by failing to take these actions and has infringed on his right to a speedy trial. In a supplement to his original petition for mandamus relief Mr. Flores also requests that this Court order Judge Trejo serve the El Paso County Sheriff with process regarding his writ of habeas corpus.
In order to establish a right to relief through a writ of mandamus, a realtor must establish: (1) no other adequate remedy at law is available; and (2) that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). An act is minsterial if it does not involve the exercise of any discretion. State ex rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Based on the petition, supplements, and record provided, Mr. Flores has not demonstrated he is entitled to mandamus relief. See Tex.R.App.P.52.8.
March 13, 2008
ANN CRAWFORD McCLURE, Justice
Before Chew, C.J., McClure, and Carr, JJ.
(Do Not Publish)