in Re: Eric Flores

Opinion

Becker v. State COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN RE: ERIC FLORES, Relator.	§ § § § § §	No. 08-07-00337-CR AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION ON PETITION FOR WRIT OF MANDAMUS

Relator, Eric Flores, seeks a writ of mandamus to compel the Honorable Alma Trejo, Judge of County Criminal Court At Law Number One to immediately set a date for his trial with adequate counsel. Flores argues his counsel has attempted to make him a witness against himself. Flores also contends Judge Trejo has intimidated his right to speedy trial. Additionally, Flores filed supplemental petitions in which he asserted the following: (1) that this Court compel Judge Trejo to abide by his right to a speedy trial, (2) to disregard any political retribution that is stemmed by the invocation of his rights, (3) that Judge Trejo not allow any person that does not hold an interest in his criminal case to enter her courtroom to intimidate him regarding his innocence, (4) to prevent his counsel from changing in order to proceed with litigation, (5) to compel Judge Trejo to disregard all political influence and allow him to exercise his right to a speedy trial, and (6) for this Court to order a pretrial setting.

In order to obtain relief through a writ of mandamus, a relator must establish: (1) no other adequate remedy at law is available and (2) that the act he seeks to compel is ministerial. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals At Texarkana, 236 S.W.3d 207, 210 (Tex.Crim.App. 2007). An act is ministerial if it does not involve the exercise of any discretion. State ex rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). Based on the petition provided, Flores has not demonstrated he is entitled to mandamus relief. See Tex.R.App.P. 52.8.

December 20, 2007

ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.

(Do Not Publish)