Court of Civil Appeals of Texas, 2024

In Re Raymond Peoples v. the State of Texas

In Re Raymond Peoples v. the State of Texas
Court of Civil Appeals of Texas · Decided December 18, 2024

In Re Raymond Peoples v. the State of Texas

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-24-00421-CR __________________

IN RE RAYMOND PEOPLES __________________________________________________________________ Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. DCR23-0727 __________________________________________________________________ MEMORANDUM OPINION In a pro se petition for a writ of mandamus, Raymond Peoples asks this Court to compel the trial court to issue a writ of habeas corpus. According to Peoples, his pre-trial application for a writ of habeas corpus alleges his right to a speedy trial has been violated in the prosecution for a felony offense. 1

1Peoples failed to identify the correct Real Party in Interest and certify that he served a copy of the petition on the Respondent and the Real Party in Interest. See Tex. R. App. P. 9.5. He failed to file a record to support his mandamus petition. See id. 52.7. We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See id. 2. “[W]hether a claim is even cognizable on pretrial habeas is a threshold issue that should be addressed before the merits of the claim may be resolved.” Ex parte Ellis, 309 S.W.3d 71, 79 (Tex. Crim. App. 2010) (citation omitted). “[S]peedy trial claims are not cognizable in pretrial habeas corpus[.]” Ex parte Sheffield, 685 S.W.3d 86, 98 (Tex. Crim. App. 2023) (orig. proceeding). “Appeal is available to the petitioner in the event of his conviction to test any asserted denial of his right to a speedy trial, both on a statutory and constitutional basis.” Ordunez v. Bean, 579 S.W.2d 911, 913–14 (Tex. Crim. App. 1979) (orig. proceeding) (citations omitted).

Peoples has an adequate remedy by appeal. Accordingly, we deny the petition for a writ of mandamus.

PETITION DENIED.

PER CURIAM Submitted on December 17, 2024 Opinion Delivered December 18, 2024 Do Not Publish Before Golemon, C.J., Johnson and Wright, JJ.

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