In re Lawrence Gage--Appeal from 226th Judicial District Court of Bexar County

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 21, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

In this original proceeding, relator Lawrence Gage asks that we order the presiding judge of the 226th District Court to hold a hearing and rule on his application for bond pending appeal. For the following reasons, we deny the requested relief.

Mandamus issues only to correct a clear abuse of discretion or a violation of a duty imposed by law when there is no other adequate remedy at law. See Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). A trial court is required to consider and rule upon a motion within a reasonable time. In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.-San Antonio 1998, orig. proceeding). The movant must show that the matter was brought to the attention of the trial court and the trial court refused to rule. Barnes v. State, 832 S.W.2d 424, 426-27 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding).

Gage says he filed an application for writ of habeas corpus seeking bond pending appeal in the trial court, and the record from his related appeal contains that application. However, Gage does not state that he filed any letter, motion, or other communication with the trial court bringing his application to the attention of the trial court and requesting a hearing or ruling on the application. Therefore, Gage has not shown he is entitled to relief. See Tex. R. App. P. 52.3(j); In re Ramirez, 994 S.W.2d at 683; Barnes, 832 S.W.2d at 426-27.

Accordingly, we deny the petition for writ of mandamus.

PER CURIAM

1. Arising from trial court cause no. 2002-CR-4415, styled State of Texas v. Lawrence Edward Gage, appealed from the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle, presiding, related appeal no. 04-03-00250-CR, Lawrence Edward Gage v. State.