in Re Carl Evans

• Court: Court of Appeals of Texas
• Decided: August 24, 2005
• Docket: 04-05-00563-CV
• Status: Published

Opinion

                                                MEMORANDUM OPINION

No. 04-05-00563-CV

IN RE CARL EVANS

Original Habeas Corpus Proceeding

PER CURIAM

Sitting:            Catherine Stone, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed:   August 24, 2005

PETITION FOR WRIT OF HABEAS CORPUS DENIED

            On August 8, 2005, relator filed a pro se petition for writ of habeas corpus, complaining of the trial court’s denial of his Motion to Dismiss With Prejudice for State’s Failure to Prosecute and his Motion for A Speedy Trial. It is well-settled that a defendant may not use pretrial habeas corpus to obtain the dismissal of criminal charges on speedy trial grounds. Ex parte Weise, 55 S.W.3d 617, 620 (Tex. Crim. App. 2001); Ex parte Delbert, 582 S.W.2d 145, 146 (Tex. Crim. App. 1979).

            Also, the petition does not comply with Texas Rule of Appellate Procedure 52, because relator has failed to provide us with the necessary information by which we may determine the validity of his assertions. See Tex. R. App. P. 52.3(j) (“Appendix”), 52.7(a) (“Filing by Relator Required”), 52.7(c) (“Service of Record on All Parties”).

            Accordingly, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. Tex. R. App. P. 52.8(a).