In re Kenneth Reed--Appeal from 227th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: April 14, 2004

PETITION FOR WRIT OF MANDAMUS DENIED

Kenneth Reed has filed a petition for writ of mandamus asking this court to compel the trial court to rule on his motion for nunc pro tunc judgment. The motion seeks a nunc pro tunc judgment to resolve a jail time credit issue.

"[T]his court has authority to issue a writ of mandamus in a criminal law matter only if two conditions are met: (1) there is no adequate remedy at law; and (2) the act sought to be compelled is ministerial." In re Evans, No. 08-03-00411-CR, 2003 WL 22283352, at *1 (Tex. App.--El Paso 2003, orig. proceeding); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). In this case, Reed has an adequate remedy at law because he can seek relief through a petition for writ of habeas corpus. In re Russell, 60 S.W.3d 875, 877 (Tex. Crim. App. 2001) (granting habeas relief on jail time credit complaint); Ater, 802 S.W.2d at 243 (noting habeas application is an adequate remedy at law); Tex. Gov't Code Ann. 501.0081 (Vernon 2004) (noting inmate may apply for a writ of habeas corpus under Article 11.07 after inmate receives written decision issued by highest authority provided for in the resolution system). Accordingly, Reed's petition for writ of mandamus is denied.

PER CURIAM

1. This proceeding arises out of Cause No. 93-CR-5667, styled The State of Texas v. Kenneth Reed, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.