in Re: Damien Parker

• Court: Court of Appeals of Texas
• Decided: February 22, 2008
• Docket: 12-08-00087-CR
• Status: Published

Opinion

                NO. 12-08-00087-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: DAMIEN PARKER,            §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            Damien Parker seeks a writ of mandamus requiring the trial court “to set a reasonable bond or to give notice and charges if an indictment has been issued.”¹  We interpret Parker’s allegations as an assertion that the bail set by the trial court is unreasonable in light of the fact that Parker has not been indicted.  We deny the petition.

            Initially, we note that Parker has not complied with Texas Rule of Appellate Procedure 52, which sets out the requisites for filing an original proceeding such as mandamus.  Rule 52.3 (a)-(j) prescribes the form and contents of a mandamus petition.  Tex. R. App. P. 52.3(a)-(j).  Rule 52.7(a) describes the items that must be included in the record filed with the petition.  Tex. R. App. P. 52.7(a).  Parker has failed to satisfy several of these requirements.  See Tex. R. App. P. 52.3(a)-(f), 52.3(j), 52.7(a).

            Moreover, in a criminal case, mandamus relief is authorized only if the relator establishes that (1) he has no other adequate legal remedy and (2) under the facts and the law, the act sought to be compelled is purely ministerial.  State ex rel. Hill v. Fifth Court of Appeals, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001).  A defendant may raise by pretrial habeas corpus claims concerning matters such as double jeopardy, collateral estoppel, and bail, because those protections would be undermined if review were not permitted until after conviction.  In re Shaw, 204 S.W.3d 9, 14 (Tex. App.–Texarkana 2006, pet. ref’d).  Here, Parker asserts the trial court set unreasonable bail.  That complaint is properly raised by pretrial habeas corpus.  See id.  Because his claim may be raised by pretrial habeas corpus, Parker cannot show that he has no adequate legal remedy.  Accordingly, his petition for writ of mandamus is denied.

                                                                                                     BRIAN HOYLE   

                                                                                                               Justice

Opinion delivered February 22, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

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¹ The respondents are the Honorable Mark A. Calhoon, Judge of the 3rd Judicial District Court, and the Honorable Pam Foster Fletcher, Judge of the 349th Judicial District Court, Anderson County, Texas.