Denied and Opinion Filed October 15, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01194-CV
IN RE QUINCY BLAKELY, Relator
Original Proceeding from the County Criminal Court No. 5
Dallas County, Texas
Trial Court Cause No. M1461834
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart
In this original proceeding, relator seeks a writ of mandamus ordering the trial court to
recall an arrest warrant issued on October 4, 2018 and close the underlying case from further
proceedings.
To establish a right to mandamus relief in a criminal case, the relator must show that the
trial court violated a ministerial duty and there is no adequate remedy at law. In re State ex rel.
Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). Relator’s petition
includes no evidence indicating that he has asked the trial court to recall the arrest warrant. As
such, relator’s request for extraordinary relief through an original proceeding is premature. See In
re Elizondo, No. 07-99-0142-CV, 1999 WL 285735, at *1 (Tex. App.—Amarillo May 5, 1999,
orig. proceeding) (mem. op.) (“It is premature to seek mandamus without the trial court first ruling
on or affirmatively refusing to rule on the very matters upon which relief is sought”); see also In
re Quintanilla, No. 13-17-00470-CV, 2017 WL 3726184, at *3 (Tex. App.—Corpus Christi Aug.
29, 2017, orig. proceeding) (granting writ of habeas corpus following trial court’s denial or
relator’s motion to recall warrant); Diocese of Galveston-Houston v. Stone, 892 S.W.2d 169, 173
(Tex. App.—Houston [14th Dist.] 1994, no writ) (mandamus relief on jurisdictional issue
premature where trial court has not yet ruled on it).
Accordingly, we deny the petition. See TEX. R. CIV. P. 52.8(a).
/Craig Stoddart/
CRAIG STODDART
JUSTICE
181194F.P05
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