In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-03-490 CV
____________________
IN RE DANIEL SHEEHAN
On October 17, 2003, Daniel Sheehan filed a petition for writ of prohibition, mandamus, and habeas corpus, which we shall address as a petition for writ of mandamus. See Tex. R. App. P. 52. The relator seeks an order to compel the Honorable John Paul Davis, Judge of the County Court at Law No. 3 of Jefferson County, Texas, to rule upon certain pro se motions filed by Sheehan in a misdemeanor prosecution for resisting arrest. The arrest is connected in some way to Sheehan's mandatory supervision release to a Beaumont halfway house.
Sheehan asks this Court to order Judge Davis to rule upon pro se motions Sheehan filed on September 11, 2003, and September 23, 2003. The relator petitions this Court to order Judge Davis to rule upon motions to suppress, to record proceedings, for speedy trial and for appointment of counsel. However, Sheehan's petition affirmatively states that the trial court appointed counsel on October 6, 2003.
We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that the relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Sheehan has not demonstrated that he is entitled to the relief sought.
The petition for writ of prohibition, mandamus, or habeas corpus is denied.
WRIT DENIED.
PER CURIAM
Opinion Delivered October 30, 2003
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P. 47.4.