In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-352 CV
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IN RE ALLEN JAMES GRANGER
Allen James Granger petitions for writ of mandamus to compel the trial court to "issue a ruling on petitioner's Motion to Dismiss, and to set a hearing." Currently under indictment for aggravated robbery, Granger complains of the trial court's failure to rule on Granger's motion to dismiss the prosecution for violation of his right to a speedy trial. Copies of his application for writ of habeas corpus and the trial court's order denying the application are attached to Granger's mandamus petition.
To obtain mandamus relief in a criminal matter, the relator must show that he has no other adequate remedy at law to address the alleged error and that the act the relator seeks to compel is ministerial. State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (citing Dickens v. Second Court of Appeals, 727 S.W.2d 542, 550 (Tex. Crim. App. 1987)). A defendant seeking to compel a dismissal of an indictment on speedy trial grounds has an adequate remedy at law by appeal. Smith v. Gohmert, 962 S.W.2d 590, 592-93 (Tex. Crim. App. 1998). The relator has not shown that he is entitled to the relief sought. See Tex. R. App. P. 52.8. The petition for writ of mandamus is denied. WRIT DENIED.
PER CURIAM
Opinion Delivered August 24, 2006
Before McKeithen, C.J., Kreger and Horton, JJ.