Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 23, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00689-CR
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IN RE DAVID LORENZA JOYNER, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
174th District Court
Harris County, Texas
Trial Court Cause No. 1310608
M E M O R A N D U M O P I N I O N
On August 11, 2011, relator filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator complains of an order entered by the Honorable Ruben Guerrero, presiding judge of the 174th District Court of Harris County, to have him delivered to court in handcuffs.[1]
To be entitled to mandamus relief in a criminal case, a relator must show that he has no adequate remedy at law to redress his alleged harm, and that what he seeks to compel is a ministerial act, not involving a discretionary or judicial decision. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
“It is within the discretion of the trial judge as to whether a defendant shall be tried in handcuffs or shackles.” Long v. State, 823 S.W.2d 259, 282 (Tex. Crim. App. 1991). We determine on appeal whether the trial court abused its discretion. Id. To make that determination, “the record must clearly and affirmatively reflect the trial judge's reasons therefor.” Id. The trial court’s order involved a discretionary decision, relator may raise the issue on appeal, and the record fails to reflect the trial court’s reasons for entering the order.
Relator has not established he is entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.
PER CURIAM
Panel consists of Justices Brown, Boyce, and McCally.
Do Not Publish — Tex. R. App. P. 47.2(b).
[1] Relator also names as respondents the Honorable Lee Duggan, Jr., the Honorable Olen Underwood, and Patricia Lykos, but the only order complained of is that signed by Judge Guerrero.