In Re State Ex Rel. Brent Smith ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,354-06
IN RE STATE OF TEXAS EX REL. BRENT SMITH, Relator
ON PETITION FOR A WRIT OF MANDAMUS
IN CAUSE NOS. 13760CR; 13761CR; 13762CR; 13763CR; & 13784CR
IN THE COUNTY COURT FROM KINNEY COUNTY
Per curiam.
OPINION
Relator filed a motion for leave to file and a petition for a writ of mandamus, invoking our
constitutional and statutory authority to issue writs of mandamus in criminal law matters. TEX.
CONST. art. V, § 5; TEX. CODE. CRIM. PROC. art. 4.04. The petition requests that we issue a writ of
mandamus for the judge to withdraw his order for the prosecution to “take all possible steps to
request that federal immigration officials do not deport” defendants prior to trial, which was placed
on the conditions of Applicant’s bond.
On April 12, 2023, this Court held this application in abeyance and ordered the Honorable
Dennis R. Powell to respond. Judge Powell stated that the order to the State that is the issue in this
case was placed on the bond conditions to try to ensure the defendants’ attendance at trial. The State
argued that the trial judge had no right to impose such a condition on them. We agree with the State.
We conditionally grant mandamus relief and direct the Respondent to vacate his condition
of bond which states that the State is to take all possible steps to request that federal authorities assist
in securing the defendants’ ability to attend their trials. The writ of mandamus will issue only in
the event the Respondent fails to comply within thirty days of the date of this opinion.
Filed: December 13, 2023
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