Opinion issued June 20, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00610-CV

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IN RE THORNTON RAY PROPHET, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator filed a petition for writ of mandamus, requesting that we direct respondent ⁽¹⁾ to grant relator's motion to dismiss the indictment in cause number 262195 for failure of the State to afford him a speedy trial. In his petition, relator seems to be laboring under the belief that: (1) he is serving a 99-year sentence on a charge for which he has never been tried, and (2) the charge is 25 years old. This is false.

Relator filed a postconviction application for habeas corpus in the Court of Criminal Appeals. That court wrote:

Petitioner [Thornton Ray Prophet] waived trial by jury and was convicted of attempted aggravated rape on May 26, 1978. Having found that petitioner had been once previously convicted of a felony, the trial court assessed punishment at ninety-nine (99) years' imprisonment.

Ex parte Prophet, 601 S.W.2d 372, 373 (Tex. Crim. App. 1980). According to Harris County records, relator was convicted of attempted aggravated rape and sentenced to 99 years confinement after waiving trial by jury in cause number 262195. The conviction was appealed to the Court of Criminal Appeals, which issued its mandate of affirmance in 1979.

Relator has not established his right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding).

The petition for writ of mandamus is denied.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Mirabal, Taft, and Smith. ⁽²⁾

Do not publish. Tex. R. App. P. 47.

1.Respondent is the Honorable Brian Rains, Judge, 176th District Court, Harris County, Texas.

2. The Honorable Jackson B. Smith, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.