Opinion
NO. 09-18-00042-CR
01-29-2018
IN RE MICHAEL DAVID BELLOW
Original Proceeding Criminal District Court of Jefferson County, Texas
Trial Cause No. 16-25250
MEMORANDUM OPINION
Michael David Bellow filed a mandamus petition, in which he asks this Court to compel the trial court: (1) to rule on a petition for a writ of habeas corpus that retained counsel filed and Bellow supplemented pro se; (2) to allow Bellow to be heard pro se notwithstanding the denial of retained counsel's motion to withdraw; and (3) to substitute counsel on the date set for trial. Bellow requests a stay of his criminal trial, which he states is set for jury selection to begin today. See generally Tex. R. App. P. 52.10(a).
To be entitled to a writ of mandamus in a criminal case, a relator must demonstrate (1) he has no adequate remedy at law and (2) what he seeks to compel is a ministerial act. See In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding). The supporting record for Bellow's mandamus petition fails to establish that the trial court refused to rule on a properly presented habeas application, that the trial court denied Bellow's right to be heard pro se, or that the trial court denied Bellow's motion to substitute counsel.
The relator has not established his entitlement to mandamus relief. Accordingly, we deny the petition for a writ of mandamus and the request for temporary relief. See Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM Submitted on January 29, 2018
Opinion Delivered January 29, 2018
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.