In Re: Martin Shelby Barnes--Appeal from 176th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 25, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-01280-CV

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IN RE MARTIN SHELBY BARNES, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On November 19, 2003, relator filed a petition for writ of mandamus in this Court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon Supp. 2003); see also Tex. R. App. P. 52.

Relator claims he filed a request for a speedy trial in the trial court. Attached to the petition for writ of mandamus is a letter asking the trial court to rule on his application for writ of mandamus filed in the trial court.

To be entitled to the extraordinary remedy of mandamus, relator must establish two requirements: 1) he has no other adequate remedy at law available, and 2) the act sought to be compelled is a clear and fixed duty imposed by law that is purely ministerial, as opposed to discretionary or judicial in nature. Eubanks v. Mullin, 909 S.W.2d 574, 576 (Tex.App. Fort Worth 1995, orig. proceeding). "An act is 'ministerial' if it constitutes a duty clearly fixed and required by law." State ex rel. Curry v. Gray, 726 S.W.2d 125, 127 128 (Tex. Crim. App. 1987). As the party seeking mandamus relief, Barnes has the burden of providing this court with a sufficient record to establish his right to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.1992).

The record does not establish relator=s right to relief in this case. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed November 25, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.