in Re Milton Ray Crawford ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-500 CV ____________________

IN RE MILTON RAY CRAWFORD

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Original Proceeding

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MEMORANDUM OPINION

On November 22, 2005, Milton Ray Crawford filed a petition for writ of mandamus. Currently under indictment for failure to register as a sex offender, Crawford complains of the trial court's failure to rule on Crawford's motion to dismiss the prosecution and his petition for exemption from registration as a sex offender. Crawford contends the registration requirements contained in Chapter 62 of the Code of Criminal Procedure are unconstitutional and do not apply to the relator because he does not have a reportable conviction. See generally Tex. Code Crim. Proc. Ann. arts. 62.001-.14 (Vernon Supp. 2005). He does not explain why the issues presented in the petition for writ of mandamus may not be raised on appeal, whether or not the trial court has yet considered the issues, in the event the prosecution results in a conviction.

To obtain mandamus relief in a criminal matter, the relator must show that he has no other adequate remedy at law to address the alleged error and that the act the relator seeks to compel is ministerial. State ex rel. Hill v. Court of Appeals for Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001); Dickens v. Second Court of Appeals, 727 S.W.2d 542, 550 (Tex. Crim. App. 1987). The relator has not shown that he is entitled to the relief sought. See Tex. R. App. P. 52.3(j). The petition for writ of mandamus is denied.

WRIT DENIED.

PER CURIAM

Opinion Delivered December 8, 2005

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