In Re State Ex Rel. Brent Smith

• Court: Court of Criminal Appeals of Texas
• Decided: December 13, 2023
• Docket: WR-93,354-06
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,354-06

IN RE STATE OF TEXAS EX REL. BRENT SMITH, Relator

ON PETITION FOR A WRIT OF MANDAMUS IN CAUSE NOS. 13760CR; 13761CR; 13762CR; 13763CR; & 13784CR IN THE COUNTY COURT FROM KINNEY COUNTY

Per curiam.

OPINION

Relator filed a motion for leave to file and a petition for a writ of mandamus, invoking our

constitutional and statutory authority to issue writs of mandamus in criminal law matters. TEX.

CONST. art. V, § 5; TEX. CODE. CRIM. PROC. art. 4.04. The petition requests that we issue a writ of

mandamus for the judge to withdraw his order for the prosecution to “take all possible steps to

request that federal immigration officials do not deport” defendants prior to trial, which was placed

on the conditions of Applicant’s bond.

On April 12, 2023, this Court held this application in abeyance and ordered the Honorable Dennis R. Powell to respond. Judge Powell stated that the order to the State that is the issue in this

case was placed on the bond conditions to try to ensure the defendants’ attendance at trial. The State

argued that the trial judge had no right to impose such a condition on them. We agree with the State.

We conditionally grant mandamus relief and direct the Respondent to vacate his condition

of bond which states that the State is to take all possible steps to request that federal authorities assist

in securing the defendants’ ability to attend their trials. The writ of mandamus will issue only in

the event the Respondent fails to comply within thirty days of the date of this opinion.

Filed: December 13, 2023 Do not publish