In Re: Jay Sandon Cooper v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 14, 2024
• Docket: 05-24-00553-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 14, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00553-CV

IN RE JAY SANDON COOPER, Relator

Original Proceeding from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-86065-2019

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy Opinion by Justice Kennedy Before the Court is relator’s May 13, 2024 petition for writ of mandamus. In

his petition, relator challenges the trial court’s failure to rule on a motion for

continuance, its finding of contempt for failure to appear at a sentencing hearing,

and its issuance of an arrest warrant for such failure to appear. Relator’s petition also

seeks to disqualify respondent as the presiding judge of the trial court in the

underlying criminal case.

To establish a right to mandamus relief in a criminal case, a relator must show

that the trial court violated a ministerial duty and there is no adequate remedy at law.

In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). In conjunction with his petition, relator also filed a motion for temporary

relief to stay all trial court proceedings and a motion to waive costs. We deny the

motion for temporary relief as moot and grant the motion to waive costs.

/Nancy Kennedy/ NANCY KENNEDY 240553F.P05 JUSTICE

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