in Re Brandon Louis Bass ( 2018 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00176-CR
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IN RE BRANDON LOUIS BASS
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Original Proceeding
252nd District Court of Jefferson County, Texas
Trial Cause No. 90209
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MEMORANDUM OPINION
Brandon Louis Bass filed a petition for mandamus relief through which he
seeks to compel the convicting court to rule on a motion to grant permission to appeal
after the expiration of the trial court’s plenary power over the case.1 To obtain
mandamus relief in a criminal case, the relator must show that he has a clear and
indisputable right to the relief sought. State ex rel. Rosenthal v. Poe, 98 S.W.3d 194,
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We dismissed Bass’s appeal in 2004. See generally Bass v. State, No. 09-04-
075-CR, 2004 WL 584698, at *1 (Tex. App.—Beaumont Mar. 25, 2004, no pet.)
(mem. op., not designated for publication). Bass does not suggest that the Texas
Court of Criminal Appeals has granted habeas relief.
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198 (Tex. Crim. App. 2003). Generally, the trial court has a duty to rule on a properly
and timely filed motion within a reasonable time. See State ex rel. Curry v. Gray,
726 S.W.2d 125, 128 (Tex. Crim. App. 1987). But a trial court “does not have a duty
to rule on free-floating motions unrelated to currently pending actions. In fact, it has
no jurisdiction to rule on a motion when it has no plenary jurisdiction coming from
an associated case.” In re Cash, No. 06-04-00045-CV, 2004 WL 769473, at *1 (Tex.
App.—Texarkana Apr. 13, 2004, orig. proceeding) (mem. op.). Bass cites no
authority for the trial court to act on a motion to grant permission to appeal at this
time.
Bass has neither shown that he has a clear and indisputable right to have the
trial court consider and rule upon his motion at this time, nor has Bass shown that
he is presently entitled to mandamus relief from this Court. Accordingly, we deny
the petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on May 22, 2018
Opinion Delivered May 23, 2018
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
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