Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 29, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-07-00260-CV
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IN RE DEBORAH AYMOND, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On March 26, 2007, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221; see also Tex. R. App. P. 52. In the petition, relator asked this court to compel the Honorable Denise Collins, presiding judge of the 208th District Court of Harris County, to set aside an alias capias arrest warrant and appeal bond in cause number 919664, pending under our appeal number 14-06-00958-CR. Relator also filed a motion for emergency temporary relief requesting that this court order relator released from custody.
To be entitled to mandamus relief, the relator must demonstrate that (1) she has no other adequate remedy at law, and (2) the act sought to be compelled is purely ministerial. State ex rel. Hill v. Ct. of App. Fifth Dist., 34 S.W.3d 924 927 (Tex. Crim. App. 2001). Relator has not met this standard.
An appeal bond is challenged through an application for writ of habeas corpus. See, e.g., Ex parte Anderer, 61 S.W.3d 398, 399 (Tex. Crim. App. 2001). There is a remedy by appeal from a ruling on an appeal bond. Id.; Tex. Code Crim. Proc. Ann. art. 44.04(g). Unlawful confinement is also challenged by habeas corpus. This court has original jurisdiction to issue a writ of habeas corpus only in civil cases. Tex. Gov=t Code Ann. ' 22.221(d).
Relator has not established that she is entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus and motion for emergency temporary relief.
PER CURIAM
Petition Denied and Memorandum Opinion filed March 29, 2007.
Panel consists of Chief Justice Hedges and Justices Fowler and Edelman.