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In re Patterson

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2021
No. 05-21-00541-CV (Tex. App. Aug. 30, 2021)

Opinion

05-21-00541-CV 05-21-00542-CV05-21-00543-CV 05-21-00544-CV

08-30-2021

IN RE DRALON PATTERSON, Relator


Original Proceeding from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause Nos. F19-75183-PL, F19-75218-PL, F19-25779-QL &F19-40572-PL

Before Justices Molberg, Reichek, and Smith

MEMORANDUM OPINION

AMANDA L. REICHEK JUSTICE

Dralon Duran Patterson has filed a petition for writ of mandamus requesting that the trial court be compelled to discharge him from his pending cases on the ground his right to a speedy trial has been violated. We deny relief.

The Court may grant mandamus relief if the relator shows he has no adequate legal remedy and the act relator seeks to compel the trial court to perform involves a ministerial act rather than a discretionary or judicial decision. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App. 2013) (orig. proceeding); State ex rel. Young v. Sixth Judicial Dist. Court of Appeals of Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). Because relator may raise a failure to grant a speedy trial as an issue on appeal, he has an adequate legal remedy and is not entitled to mandamus relief. See In re Prado, 522 S.W.3d 1, 2 (Tex. App.- Dallas 2017, orig. proceeding) (mem. op.) (citing Smith v. Gohmert, 962 S.W.2d 590, 593 (Tex. Crim. App. 1998)); see also U.S. v. MacDonald, 435 U.S. 850, 86061 (1978) (explaining why alleged speedy trial violations are best left for appeal).

Because relator has not shown he is entitled to relief, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).


Summaries of

In re Patterson

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2021
No. 05-21-00541-CV (Tex. App. Aug. 30, 2021)
Case details for

In re Patterson

Case Details

Full title:IN RE DRALON PATTERSON, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 30, 2021

Citations

No. 05-21-00541-CV (Tex. App. Aug. 30, 2021)