McIntosh, Donald Ray

• Court: Court of Criminal Appeals of Texas
• Decided: September 10, 2008
• Docket: WR-68,969-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-68,969-04

DONALD RAY MCINTOSH, Relator

v.

JUDGE, BEXAR COUNTY COURT-AT-LAW NUMBER 7, Respondent

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NOS. 220291 220292, & 220294 IN THE COUNTY

COURT-AT-LAW NUMBER 7 FROM BEXAR COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file a writ of mandamus pursuant to the original jurisdiction of this Court. In it, he contends that he has been confined since June 26^th, 2007, on these cases, but has not yet been tried on any of them. He also alleges he has filed motions for speedy trial in these cases and has filed an application for a writ of habeas corpus in the County Court-At-Law Number 7 of Bexar County, but that no action has been taken on any of these motions or applications. He requests that the trial court be ordered either to give him speedy trials or to dismiss the charges. See Chapman v. Evans, 744 S.W.2d 133 (Tex. Crim. App. 1988).

In these circumstances, additional facts are needed. The respondent, the Judge of Bexar County Court-At-Law Number 7, is ordered to file a response as to whether Relator is confined on any of these charges and, if so, when he was first confined on them and whether he has been tried on them. If Relator is still confined and has not yet been tried, the Judge should specify why no trial has yet been conducted, the dates on which any motions for speedy trial have been filed, the date on which any application for writ of habeas corpus was filed, and whether any action has been taken on any such motion or application. This application for leave to file a writ of mandamus shall be held in abeyance until the respondent has submitted the appropriate response. Such response shall be submitted within 30 days of the date of this order.

Filed: September 10, 2008

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