In Re Harold Moten v. the State of Texas

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00159-CR __________________

IN RE HAROLD MOTEN

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Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 39,003 __________________________________________________________________

MEMORANDUM OPINION

In a petition for a writ of mandamus filed as an original proceeding with this

Court, Harold Moten seeks to compel the trial court to rule on the pro se motions

that he filed in the trial court asking that court for a speedy trial, for discovery, to set

aside his indictment, to suppress evidence, and to reduce the amount of his bond.

Traditionally, a petitioner seeking mandamus relief in a criminal case must

show two things. “First, he must show that he has no adequate remedy at law to

redress his alleged harm. Second, he must show that what he seeks to compel is a

1 ministerial act, not involving a discretionary or judicial decision.” 1 The record before

this Court fails to show he is entitled to relief. Accordingly, we deny Moten’s

petition for a writ of mandamus.2

PETITION DENIED.

PER CURIAM

Submitted on June 6, 2023 Opinion Delivered June 7, 2023 Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.

1In re State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). 2See Tex. R. App. P. 52.6(a).