in Re Charles L. Ryan

• Court: Court of Appeals of Texas
• Decided: October 20, 2004
• Docket: 10-04-00128-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-04-00128-CR

In re Charles L. Ryan

Original Proceeding

MEMORANDUM OPINION

          Charles Larry Ryan seeks a writ of mandamus to compel the State to comply with the Interstate Agreement on Detainers (IAD).  Tex. Code Crim. Proc. Ann. art 51.14 (Vernon 1979).

The State, the real party in interest, has responded with copies of a motion and order dismissing the trial court case, No. M200300270, styled The State of Texas v. Charles Larry Ryan.  The response-letter states that the dismissal is “in accordance with Title 18, United States Code, Appendix 2, Interstate Agreement on Detainers.”  The accompanying order is, however, “without prejudice.”

The IAD requires that a dismissal that falls within its parameters be “with prejudice.”   Thus, Ryan is entitled to the relief he seeks.  We will conditionally issue the writ.

Respondent must enter an order dismissing the trial court case “with prejudice.”  If an amended order is not filed with the clerk of this court within fourteen days after the date of this opinion, the Clerk shall issue the writ.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

          (Chief Justice Gray dissenting)

Writ conditionally issued

Opinion delivered and filed October 20, 2004

Do not publish

[OT06]