Ruckman, Dennis Jay ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,175-01
IN RE DENNIS JAY RUCKMAN, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 10703 IN THE 266TH DISTRICT COURT
FROM ERATH COUNTY
Per curiam.
OPINION
Relator has filed a motion for leave to file an application for a writ of mandamus pursuant
to the original jurisdiction of this Court. On June 24, 1999, he pleaded guilty to sexual assault and
was placed on deferred adjudication probation for ten years. He contends that he completed his
period of deferred adjudication probation and that the trial court has a ministerial duty to dismiss the
proceedings and discharge him. See TEX . CODE CRIM . PROC. art. 42.12, § 5(c) (1997) (“On
expiration of a community supervision period imposed under Subsection (a) of this section, if the
judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the
defendant and discharge him.”). The Eleventh Court of Appeals denied Relator’s mandamus
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application. It concluded that although the act Relator sought to compel was ministerial, he had an
adequate remedy in Article 11.072 of the Code of Criminal Procedure. In re Ruckman, No. 11-08-
00216-CR (Tex. App.—Eastland Sept. 27, 2018) (not designated for publication). Relator now urges
this Court to order the trial court to dismiss the proceedings and discharge him.
We conditionally grant mandamus relief and order the trial court to dismiss the proceedings
in this cause and discharge Relator. The writ of mandamus will issue only if the trial court fails to
comply with this opinion.
Filed: September 11, 2019
Do not publish