Opinion
No. 01-04-00407-CR.
Opinion issued April 29, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK, and Justices ALCALA and BLAND.
MEMORANDUM OPINION
Relator Sheldon Thompson filed a motion for leave to file petition for writ of mandamus and a petition for writ of mandamus. Relator complains that respondent has not ruled on his pro se pretrial motion for speedy trial in cause number 893085. We grant the motion for leave to file, but deny the petition. "Mandamus will not issue where there is a clear and adequate remedy at law, such as a normal appeal." Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). The question of whether a defendant's right to a speedy trial was violated is directly appealable after conviction. See Zamorano v. State, 84 S.W.3d 643 (Tex.Crim.App. 2002) (conviction reversed on speedy trial grounds). In Smith v. Gohmert, 962 S.W.2d 590, 592-93 (Tex.Crim. App. 1998), the Texas Court of Criminal Appeals denied mandamus relief, holding that the relator had an adequate remedy at law on his speedy trial claims. Accordingly, we hold that because relator may raise the issue of whether his right to a speedy trial was violated in a direct appeal in the event of conviction, he is ineligible for mandamus relief. The petition is therefore denied.
Respondent is the Honorable Debbie Mantooth Stricklin, Judge, 180th District Court, Harris County.