in Re Carl Evans ( 2005 )

MEMORANDUM OPINION  

No. 04-05-00607-CV

IN RE CARL EVANS

Original Mandamus Proceeding

PER CURIAM

Sitting:            Catherine Stone, Justice

Sarah B. Duncan, Justice

Rebecca Simmons, Justice

Delivered and Filed:   September 21, 2005

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR WANT OF JURISDICTION

            Relator Carl Evans asks this Court to order Respondent Ralph Lopez, Sheriff of Bexar County, to produce Relator and show cause why the pre-trial writ of mandamus should not issue or why he should not be discharged from said restraint.

            Relator is presently incarcerated in the Bexar County Jail and he is awaiting trial on charges of aggravated assault. Relator was indicted on September 28, 2004.

            The Texas Court of Criminal Appeals has consistently held that mandamus will not issue to compel a speedy trial because appeal is available in the event of conviction to test any asserted denial of the constitutional right of speedy trial. Hazen v. Pickett, 581 S.W.2d 694 (Tex. Crim. App. 1979); Ordunez v. Bean, 579 S.W.2d 911 (Tex. Crim. App. 1979). Relator has not demonstrated that no other adequate remedy at law is available.

            Moreover, Relator requests this Court issue a writ of mandamus ordering the Bexar County Sheriff to produce him for a show cause hearing on this mandamus. This Court does not have jurisdiction to issue a writ of mandamus against the Bexar County Sheriff under these facts because it is not necessary to enforce this court’s jurisdiction. Tex. Gov't Code Ann. § 22.221 (Vernon 2004).

            The petition for mandamus is therefore DISMISSED FOR WANT OF JURISDICTION.

                                                                                    PER CURIAM