in Re Billy Stewart

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-08-356 CV

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IN RE BILLY STEWART


Original Proceeding


MEMORANDUM OPINION

On August 18, 2008, relator Billy Stewart filed a petition for writ of mandamus. Relator apparently seeks an order compelling the trial court to grant his petition for habeas corpus, in which he asserted a denial of his right to speedy trial. He asserts his case is set for trial on September 2, 2008. The trial court denied Stewart's petition for writ of habeas corpus, apparently without reference to the merits.

We may grant mandamus relief only if relator demonstrates that the act sought to be compelled is purely ministerial, and that relator has no other adequate legal remedy. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Relator has not shown that he is entitled to the relief sought. Accordingly, we deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered August 28, 2008



Before McKeithen, C.J., Gaultney and Horton, JJ.