in Re George Vernon Martinez

Opinion

In re George Vernon Martinez

IN THE

TENTH COURT OF APPEALS

No. 10-00-270-CR

     IN RE GEORGE VERNON MARTINEZ,

                                                                              Relator

Original Proceeding

MEMORANDUM OPINION

      George Vernon Martinez seeks mandamus relief from this Court directing Respondent, the Honorable John Neill, Judge of the 249th District Court of Somervell County, to hold a hearing on his motion for bail pending appeal. To obtain mandamus relief, a relator must demonstrate that he has no adequate remedy at law. Alvarez v. Eighth Court of Appeals, 977 S.W.2d 590, 591 (Tex. Crim. App. 1998). Article 44.04(g) of the Code of Criminal Procedure provides for a preferential appeal of an order denying bail pending appeal. Margoitta v. State, 987 S.W.2d 611, 612 (Tex. App.—Waco, order), disp. on merits, 994 S.W.2d 336 (Tex. App.—Waco 1999, no pet.); Tex. Code Crim. Proc. Ann. art. 44.04(g) (Vernon Supp. 2000).

      Because Martinez has a statutory right to appeal the court’s denial of his motion for bail pending appeal, we conclude that an adequate legal remedy exists. Accordingly, we deny his petition for writ of mandamus.

                                                             PER CURIAM

Before Chief Justice Davis

      Justice Vance and

      Justice Gray

Petition denied

Opinion delivered and filed August 23, 2000

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