Opinion
No. 09-04-371 CV
Opinion Delivered August 31, 2004.
Original Proceeding.
Writ Denied.
Todd Altschul, Lovelady, pro se.
Al Hernandez, Special Prosecution Unit, Huntsville, TX, for appellee.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
MEMORANDUM OPINION
Tex.R.App.P. 47.4.
Todd Altschul petitioned the Court for a writ of mandamus to compel the judge presiding in the Criminal District Court to order the Texas Department of Criminal Justice to release a $12,999.99 hold on Altschul's Inmate Trust Fund account. His motion to the trial court avers that the forgery indictment in Cause No. 85542 was dismissed because he was the victim of identity theft. The relator does not mention the outcome of another indictment, Cause No. 85541, which is also mentioned in the attachments to the petition, nor does he supply supporting documentation to support the factual assertion that the indictment was dismissed due to insufficient evidence. The motion supposedly filed with the trial court does not bear the District Clerk's file mark.
We may grant mandamus relief if relator demonstrates that the act sought to be compelled is purely ministerial under the relevant facts and law, and that relator has no other adequate legal remedy. State ex. rel. Hill v. Court of Appeals for the Fifth District, 34 S.W.3d 924, 927 (Tex.Crim.App. 2001). An act is "ministerial" if it does not involve the exercise of any discretion or the relator's entitlement to the relief sought is clear and indisputable such that its merits are beyond dispute. Id. at 927-28. In this case, the relator has not shown that the trial court refused to consider a duly filed and presented motion.
The petition for writ of mandamus is therefore denied.