IN THE

TENTH COURT OF APPEALS

No. 10-05-00091-CR

In re Russell E. Galer

Original Proceeding

From the 52nd District Court

Coryell County, Texas

Trial Court # Fam -03-16940

Galer seeks to compel the trial court to set a date for his criminal trial.  Galer contends the setting for trial on the indictment has not been set in a timely manner and asserts his right to a “speedy trial.”  Galer has not favored us with any record.  This alone would provide a proper ground to deny the mandamus.  See Tex. R. App. 52.7.  A record would be necessary for us to determine how long the indictment had been pending and whether an appropriate request had been made to obtain a trial setting. 

But a record alone will not provide Galer a remedy by mandamus.  He would have an adequate remedy, other than mandamus, if he is being held unlawfully because his case has not been set for trial, that is, a petition for writ of habeas corpus.  See Tex. Code Crim. Proc. art. 11.01 (Vernon 1977); see also Banales v. Court of Appeals for Thirteenth Judicial Dist., 93 S.W.3d 33 (Tex. Crim. App. 2002).  Accordingly, Galer’s petition for writ of mandamus is denied.

                                                          TOM GRAY

                                                          Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Opinion issued and filed February 23, 2005

Do not publish

[OT06]