Court of Civil Appeals of Texas, 2007

in Re Ignacio H. Pacheco

Court of Civil Appeals of Texas · Decided October 11, 2007

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-480 CV

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IN RE IGNACIO H. PACHECO

Original Proceeding

MEMORANDUM OPINIONIgnacio H. Pacheco filed a petition for writ of mandamus, in which he complains the trial court set an unreasonably high pre-trial bail amount. Pacheco alleges he has been in custody since April 13, 2007, and that he filed a motion for bond reduction in August 2007, but he does not inform us of the amount of bond that is currently set or the amount he could afford to pay to secure his pre-trial release. We cannot determine from the petition whether the trial court failed to act on Pacheco's motion for bail or denied the motion.

A person confined on an indictment for a felony may apply for a writ of habeas corpus and may appeal from a ruling on the merits of the habeas petition. See Tex. Code Crim. Proc. Ann. art. 11.08 (Vernon 2005); Tex. R. App. P. 31; Ex parte Hargett, 819 S.W.2d 866, 868 (Tex. Crim. App. 1991). Petition for writ of habeas corpus to a court having jurisdiction is generally an adequate remedy that will preclude mandamus relief. In re Piper, 105 S.W.3d 107, 109 (Tex. App.--Waco 2003, orig. proceeding). We deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered October 11, 2007

Before Gaultney, Kreger, and Horton, JJ.

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