In Re: Ramiro ChapaAppeal from 203rd Judicial District Court of Dallas County (memorandum opinion )

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Writ of Mandamus is DENIED; Opinion Filed August 29, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01150-CV IN RE RAMIRO CHAPA, Relator Original Proceeding from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F04-36350-P MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Evans Opinion by Justice Evans The Court has before it relator s motion and request to compel lower district court to dismiss pending indictment pursuant to sixth amendment violation of speedy trial right. We treat this document as a petition for writ of mandamus. Relator contends the trial court violated a ministerial duty by not dismissing the indictment against him. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator=s petition for writ of mandamus. 131150F.P05 /David Evans/ DAVID EVANS JUSTICE 2

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