Opinion
No. 06-05-00026-CV
Submitted: February 3, 2005.
Decided: February 4, 2005. Petition for Writ of Mandamus Denied, February 4, 2005
Original Mandamus Proceeding.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Mondrea Scott has filed a petition for writ of mandamus, seeking to compel a district court in Bowie County to dismiss with prejudice an indictment charging Scott with aggravated robbery. Scott is incarcerated in the Arkansas Department of Corrections, with a projected release date of February 2017. She further styles her petition as a request to order the trial court to issue a writ of prohibition and prevent further proceedings against her. The thrust of Scott's petition seems to be reliance on the Interstate Agreement on Detainers Act ( see TEX. CODE CRIM. PROC. ANN. art. 51.14 (Vernon 1979)).
This is Scott's second petition for writ of mandamus in as many months. On January 12, 2005, this Court denied her petition for mandamus relief, where Scott wholly failed to comply with the requisites of TEX. R. APP. P. 52.3. In re Scott, No. 06-05-00002-CV, 2005 Tex. App. LEXIS 180 (Tex.App.-Texarkana Jan. 12, 2005, orig. proceeding) (mem. op.) (not designated for publication). The petitions filed with the Court on January 5, 2005 (bearing the 06-05-00002-CV cause number), and on January 25, 2005 (the instant cause), are identical. As stated above, we denied relief in Scott's previous request due to her failure to comply with TEX. R. APP. P. 52.3. She has now supplied this Court with a copy of the indictment (dated March 23, 2000, and charging Scott with aggravated robbery); a copy of her motion for speedy trial; documents pertaining to the detainer placed on her; and a motion to dismiss citing an Arkansas rule and statute.
The State filed a response reminding this Court of the action we took in cause number 06-05-00002-CV and stating that Scott still has not complied with TEX. R. APP. P. 52.3. The State did not address Scott's claim to relief under the Interstate Agreement on Detainers Act.
Scott still has not filed her petition in accordance with the applicable Rules of Appellate Procedure and has not sufficiently analyzed her situation and briefed this Court on why she is entitled to relief.
Accordingly, we deny Scott's petition for writ of mandamus.
See TEX. R. APP. P. 38.1; Ladd v. State, 3 S.W.3d 547, 575 (Tex.Crim.App. 1999) (requiring appellants to abide by briefing rules and make reasonable arguments does not offend due process).