From Casetext: Smarter Legal Research

In re Joyner

Court of Appeals of Texas, Fourteenth District, Houston
Aug 23, 2011
Nos. 14-11-00689-CR (Tex. App. Aug. 23, 2011)

Opinion

Nos. 14-11-00689-CR

Opinion filed August 23, 2011. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).

Appeal from the 174th District Court Harris County, Texas, Trial Court Cause No. 1310608. Original Proceeding Writ of Mandamus.

Panel consists of Justices BROWN, BOYCE, and McCALLY.


MEMORANDUM OPINION


On August 11, 2011, relator filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator complains of an order entered by the Honorable Ruben Guerrero, presiding judge of the 174th District Court of Harris County, to have him delivered to court in handcuffs. To be entitled to mandamus relief in a criminal case, a relator must show that he has no adequate remedy at law to redress his alleged harm, and that what he seeks to compel is a ministerial act, not involving a discretionary or judicial decision. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). "It is within the discretion of the trial judge as to whether a defendant shall be tried in handcuffs or shackles." Long v. State, 823 S.W.2d 259, 282 (Tex. Crim. App. 1991). We determine on appeal whether the trial court abused its discretion. Id. To make that determination, "the record must clearly and affirmatively reflect the trial judge's reasons therefor." Id. The trial court's order involved a discretionary decision, relator may raise the issue on appeal, and the record fails to reflect the trial court's reasons for entering the order. Relator has not established he is entitled to mandamus relief. Accordingly, we deny the petition for writ of mandamus.

Relator also names as respondents the Honorable Lee Duggan, Jr., the Honorable Olen Underwood, and Patricia Lykos, but the only order complained of is that signed by Judge Guerrero.


Summaries of

In re Joyner

Court of Appeals of Texas, Fourteenth District, Houston
Aug 23, 2011
Nos. 14-11-00689-CR (Tex. App. Aug. 23, 2011)
Case details for

In re Joyner

Case Details

Full title:IN RE DAVID LORENZA JOYNER, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Aug 23, 2011

Citations

Nos. 14-11-00689-CR (Tex. App. Aug. 23, 2011)