Hart, Caleb Logan ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,074-04
IN RE CALEB LOGAN HART, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 9392 IN THE 31ST DISTRICT COURT
FROM GRAY COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file a writ of mandamus pursuant to the original
jurisdiction of this Court. In it, he challenges the assessment of attorney’s fees and the imposition
of a fine that was not included in the original judgment or bill of costs.
Mandamus relief is available only when the relator can establish two things: first, that no
other adequate remedy at law is available; and second, that the act he seeks to compel is ministerial.
Braxton v. Dunn, 803 S.W.2d 318, 320 (Tex. Crim. App. 1991). An act is ministerial "where the
law clearly spells out the duty to be performed . . . with such certainty that nothing is left to the
exercise of discretion or judgment." Texas Dept. of Corrections v. Dalehite, 623 S.W.2d 420, 424
2
(Tex. Crim. App. 1981).
In this case, Relator has an adequate remedy at law by way of habeas corpus pursuant to
Article 11.07 of the Texas Code of Criminal Procedure. Therefore, leave to file is denied.
Filed: April 3, 2019
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