In Re Ronald E. Knox--Appeal from 253rd District Court of Liberty County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-053 CV
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IN RE RONALD E. KNOX
Original Proceeding
MEMORANDUM OPINION

Ronald E. Knox petitioned the Court for a writ of mandamus to compel the trial court to rule on his motion for new trial and request for a bench warrant. In a criminal case, a motion for new trial is deemed denied 75 days after sentence is imposed. Tex. R. App. P. 21.8. The relator acknowledges that his motion for new trial has been overruled by operation of law. Knox could have perfected an appeal and presented an issue on the trial court's failure to conduct an evidentiary hearing on Knox's motion for new trial. See, e.g., Reyes v. State, 849 S.W.2d 812, 816 (Tex. Crim. App. 1993).

The existence of an adequate remedy at law in the form of an appeal precludes mandamus relief. Alvarez v. Eighth Court of Appeals, 977 S.W.2d 590, 592 (Tex. Crim. App. 1998). In this case, the relator has not shown that he is entitled to the relief sought.

The petition for writ of mandamus is therefore denied.

WRIT DENIED.

PER CURIAM

 

Opinion Delivered March 2, 2006

Before McKeithen, C.J., Kreger, and Horton, JJ.