in Re: Jamie Lee Bledsoe ( 2014 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00215-CR
IN RE: JAMIE LEE BLEDSOE
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Jamie Lee Bledsoe has petitioned this Court for mandamus relief. Bledsoe claims to have
been subjected to an illegal sentence following his criminal conviction, and to have received
ineffective assistance of counsel. We deny relief.
Bledsoe claims to have been convicted of burglary of a building. He claims that during
the punishment phase of his trial, the State used improper prior convictions to enhance the range
of punishment. He also claims his appellate attorney has rendered ineffective assistance of
counsel.
To be entitled to mandamus relief in a criminal case, a relator must show that he has no
adequate remedy at law to redress his alleged harm and that what he seeks to compel is a
ministerial act not involving a discretionary or judicial decision. State ex rel. Young v. Sixth
Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007)
(orig. proceeding).
A challenge to the legality of a criminal sentence may be addressed on direct appeal. See
Mizell v. State, 119 S.W.3d 804, 806 (Tex. Crim. App. 2003). The direct appeal of Bledsoe’s
conviction is pending before this Court. See Bledsoe v. State, cause number 06-14-00138-CR.
In fact, Bledsoe’s brief is not yet due, and, therefore, the direct appeal is not ripe for submission.
See TEX. R. APP. P. 39.8. As Bledsoe has an adequate remedy by appeal should any error in the
sentencing be found, mandamus is not appropriate.
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As for his claim of ineffective assistance of appellate counsel, Bledsoe’s appeal is still
pending before this Court. Although habeas corpus is usually a preferable avenue for raising
claims of ineffective assistance of counsel, such claims may be raised on direct appeal; therefore
mandamus is not appropriate.
We deny Bledsoe’s petition.
Bailey C. Moseley
Justice
Date Submitted: December 17, 2014
Date Decided: December 18, 2014
Do Not Publish
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