in Re: Jimmy Lee Sweed ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00341-CR
IN RE: JIMMY LEE SWEED,
§ ORIGINAL PROCEEDING
Relator.
§ ON PETITION FOR WRIT OF
§ MANDAMUS
MEMORANDUM OPINION
Relator, Jimmy Lee Sweed, has filed a petition for writ of mandamus against the
Honorable Bonnie Rangel, Judge of the 171st District Court of El Paso County, Texas, alleging
that Respondent has not ruled on a post-conviction motion filed in cause number 69262. We
deny mandamus relief.
To be entitled to mandamus relief, a relator must meet two requirements. First, the
relator must show that the trial court clearly abused its discretion. In re Prudential Insurance
Company of America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate
that there is no adequate remedy by appeal. Id. at 135-36. Mandamus may issue to compel a
trial court to rule on a motion which has been pending before the court for a reasonable period of
time. See In re Shredder Co., 225 S.W.3d 676, 679 (Tex.App.--El Paso 2006, orig. proceeding);
In re Hearn, 137 S.W.3d 681, 685 (Tex.App.--San Antonio 2004, orig. proceeding); In re
Chavez, 62 S.W.3d 225, 228 (Tex.App.--Amarillo 2001, orig. proceeding). To obtain mandamus
relief for such refusal, a relator must establish: (1) the motion was properly filed and has been
pending for a reasonable time; (2) the relator requested a ruling on the motion; and (3) the trial
court refused to rule. See Shredder Co., 225 S.W.3d at 679; Hearn, 137 S.W.3d at 685; Chavez,
62 S.W.3d at 228. Relator has failed to establish that he is entitled to mandamus relief.
Accordingly, we deny the petition for writ of mandamus.
STEVEN L. HUGHES, Justice
December 11, 2015
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Do Not Publish)
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