In re Luis Cantu--Appeal from 274th Judicial District Court of Guadalupe County

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i i i i i i MEMORANDUM OPINION No. 04-09-00527-CR IN RE Luis CANTU Original Mandamus Proceeding1 PER CURIAM Sitting: Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice Delivered and Filed: October 14, 2009 PETITION FOR WRIT OF MANDAMUS DENIED On August 24, 2009, relator Luis Cantu filed a petition for writ of mandamus, complaining of the trial court s failure to dismiss the charges against him in compliance with the Interstate Agreement on Detainers Act. 2 The disposition of an interstate detainer is governed by the Texas Code of Criminal Procedure. See TEX . CODE CRIM . PROC. ANN . art. 51.14 (Vernon 2006) (Interstate Agreement on Detainers Act). Article III of the Act establishes the procedure to be followed when a prisoner seeks 1 ¦ This proceeding arises out of Cause No. 07-1793-CR, pending in the 274th Judicial District Court, Guadalupe County, Texas, the Honorable Gary L. Steel presiding. 2 ¦ T EX . C O D E C RIM . P RO C . A N N . art. 51.14 (Vernon 2006). 04-09-00527-CV a final disposition of an outstanding indictment, information, or complaint. See id. Art. 51.14, art. III (Vernon 2006). Relator alleges that he filed the relevant documents pursuant to the IADA on November 6, 2008. However, we cannot determine from this record whether the appropriate procedure was followed in transmitting relator s documents to the court and whether the trial court received all of the documentation required by the Act. See id. Art. 51.14, art. III, (a), (b) (Vernon 2006). Accordingly, relator s petition for writ of mandamus is denied. TEX . R. APP . P. 52.8(a). PER CURIAM -2-

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