in Re: Dennis Joe Pharris

• Court: Court of Appeals of Texas
• Decided: September 19, 2006
• Docket: 14-06-00790-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 19, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed September 19, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00790-CV

IN RE DENNIS JOE PHARRIS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On September 14, 2006, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asked this court to compel the Honorable Mark Ellis, presiding judge of the  351st District Court of Harris County, to set aside his denial of relator=s motion to reduce bail and to issue an order setting bail at $5000.  Relator has also filed an appeal in this court from the trial court=s denial of relator=s motion to reduce bail.

Relator has not established that he is entitled to mandamus relief.  To obtain mandamus relief in a criminal case, a relator must show that he has no other adequate legal remedy and that the act sought to be compelled is purely ministerial, given the relevant facts and law.  State ex rel. Hill v. Fifth Court of Appeals, 67 S.W.3d 177, 180 (Tex. Crim. App. 2001).  The denial of a motion to reduce bail is appealable.  See, e.g., Saliba v. State, 45 S.W.3d 329, 329 (Tex. App.BDallas 2001, no pet.).  Although relator acknowledges that he has a remedy by appeal (and an appeal has been filed), relator argues that his remedy by appeal is inadequate.  In support of this argument, relator states that his trial is set to begin on October 9, 2006.  Relator presents no authority for obtaining mandamus relief under these circumstances.  We are unpersuaded that appellant=s remedy by appeal is inadequate.

Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed September 19, 2006.

Panel consists of Chief Justice Hedges, and Justices Yates, and Seymore.