in Re: David R. Hopkins ( 2003 )

Criminal Case Template

  COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: DAVID R. HOPKINS , Relator.

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No. 08-03-00127-CR AN ORIGINAL PROCEEDING IN MANDAMUS

MEMORANDUM OPINION

David R. Hopkins seeks a writ of mandamus directing the trial court to grant him credit for time spent in a substance abuse felony treatment center as a condition of community supervision. This court has authority to issue a writ of mandamus in a criminal law matter if two conditions are met: 1) there is no adequate remedy at law; and 2) the act sought to be compelled is ministerial. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). In this case, Hopkins has an adequate remedy at law; he may seek relief through a petition for writ of habeas corpus. See id. (stating that a writ of habeas corpus is an adequate remedy at law); Ex parte Pizzalota, 610 S.W.2d 486, 488 (Tex. Crim. App. 1980) (granting habeas relief where petitioner had not received proper credits); see also Tex. Code Crim. Proc. Ann. art 11.07 (Vernon Supp. 2003) (setting forth the procedure to obtain habeas relief). Accordingly, we deny the petition for writ of mandamus.

March 27, 2003

RICHARD BARAJAS, Chief Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)