In Re: Darius Briggs v. The State of Texas--Appeal from of County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: DARIUS BRIGGS,

Relator.

No. 08-03-00356-CR

AN ORIGINAL PROCEEDING IN

MANDAMUS

OPINION ON PETITION FOR WRIT OF MANDAMUS

Darius Briggs was convicted of sexual assault and sentenced to life imprisonment. See Briggs v. State, No. 08-01-00307-CR, 2003 WL 318528, at *1 (Tex. App.--El Paso Feb. 13, 2003, no pet.) (not designated for publication). He appealed, arguing that his videotaped statement should not have been admitted into evidence because it included polygraph evidence and statements pertaining to his prior criminal record and sexual offender registration. Id. We reversed and remanded for a new trial. Id. at *8. Our mandate issued on June 10, 2003. Briggs has now filed a petition for writ of mandamus, seeking to compel the trial court to retry him or to release him on bail.

To be entitled to mandamus relief, a relator must establish that there is no adequate remedy at law and that the act sought to be compelled is ministerial in nature. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). The relator must also demonstrate that the trial court was asked to perform the ministerial act, but refused to do so. In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.--Amarillo 2003, orig. proceeding).

In this case, Relator has adequate remedies in the trial court for his complaints. He could file a motion in the trial court for a speedy trial or a motion to be released on bond. Relator s petition for writ of mandamus contains nothing to indicate that he has pursued these remedies in the trial court. Therefore, he has not demonstrated his entitlement to mandamus relief.

The petition for writ of mandamus is denied.

September 9, 2003.

_________________________________________

RICHARD BARAJAS, Chief Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.