In Re Leo Wayne Cover v. the State of Texas

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00422-CR __________________

IN RE LEO WAYNE COVER

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Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause Nos. 23DCCR2231 and 23DCCR2232 __________________________________________________________________

MEMORANDUM OPINION

Leo Wayne Cover filed a petition for a writ of mandamus asking this Court to

compel the trial court to dismiss two criminal cases for lack of a speedy trial. A

relator seeking mandamus relief must establish his entitlement to the relief requested

by presenting argument and authority and by including a record sufficient to prove

a right to relief. See Tex. R. App. P. 52.3(h), (k); 52.7. Cover states that for two years

he has been confined in jail awaiting trial on two state jail felony offenses, and he

asks this Court to order the trial court to dismiss the indictments with prejudice. He

provided no record to establish the bare assertions in his petition, nor did he cite any

1 caselaw or statute to establish that dismissal with prejudice is the appropriate remedy

for a delay in bringing the charges to trial. Furthermore, Cover has failed to show

this Court that he previously brought his complaint to the attention of the trial court.

Generally, “a defendant seeking to compel a dismissal of an indictment on

speedy trial grounds has an adequate remedy at law” through an appeal if he is

convicted. Smith v. Gohmert, 962 S.W.2d 590, 593 (Tex. Crim. App. 1998) (orig.

proceeding). For the reasons explained above, we deny the petition for a writ of

mandamus. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on November 10, 2025 Opinion Delivered November 12, 2025 Do Not Publish

Before Johnson, Wright and Chambers, JJ.