In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-439 CV
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IN RE CLARENCE KIRKWOOD III
Relator Clarence Kirkwood, III petitions for writ of mandamus to compel the trial court to set his case for trial and to exempt him from the sex offender registration requirements. Kirkwood attached to his petition a judgment of conviction for failure to comply with the sex offender registration requirements, but he does not identify the nature of any pending charge against him.
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 the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (citing Dickens v. Court of Appeals for the Second Supreme Judicial Dist. of Tex., 727 S.W.2d 542, 550 (Tex. Crim. App. 1987)). A defendant seeking to compel dismissal of an indictment on speedy trial grounds generally 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. We deny the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Opinion Delivered October 22, 2008
Before McKeithen, C.J., Gaultney and Kreger, JJ.