in Re Heathe Aaron Stagg

• Court: Court of Appeals of Texas
• Decided: April 24, 2008
• Docket: 09-08-00077-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-08-077 CV

IN RE HEATHE AARON STAGG

Original Proceeding

MEMORANDUM OPINION

Heathe Aaron Stagg filed a pro se petition for writ of mandamus, in which he complains the trial court set an unreasonably high pre-trial bail amount. Stagg does not inform us of the offense with which he is charged, the amount of bail that is currently set, or the amount he could afford to pay to secure his pre-trial release. Stagg previously filed a pro se application for writ of habeas corpus, in which he alleged that the amount of his bail was excessive, and the trial court denied Stagg's application without ruling on the merits of the application or conducting an evidentiary hearing. Stagg then filed a pro se appeal with this Court, and we dismissed the appeal for want of jurisdiction. See Ex parte Stagg, No. 09-07-507 CR, 2007 WL 4214577 (Tex. App.--Beaumont Nov. 28, 2007, no pet.) (not designated for publication); see also Ex parte Hargett, 819 S.W.2d 866, 869 (Tex. Crim. App. 1991); Ex parte Noe, 646 S.W.2d 230, 231 (Tex. Crim. App. 1983). Stagg also filed a pro se motion for bail reduction, which the trial court denied on October 3, 2007.

Stagg has failed to establish that the trial court failed to rule on his application for habeas corpus, his motion for bail reduction, or any other documents Stagg filed with the trial court. Therefore, relator has not demonstrated that he is clearly entitled to mandamus relief from this Court. See State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (To demonstrate entitlement to a writ of mandamus, a relator must establish that the trial court failed to perform a ministerial duty, and that relator has no other adequate legal remedy.). Accordingly, we deny relief on the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered April 24, 2008

Before McKeithen, C.J., Gaultney and Kreger, JJ.