in Re: Charlie Puentes, 05-16-01270-CV

Relator Charlie Puentes filed a petition for writ of mandamus asking the appellate court to order the trial court to rule on his motion for speedy trial and his motion for a bench warrant.
Relator also filed a motion for leave to file the mandamus petition.
To obtain mandamus in a criminal case, relator must show no adequate remedy on appeal and that the relief sought is a ministerial act.
The court noted a defendant seeking dismissal on speedy-trial grounds has an adequate remedy by appeal, so mandamus is not available for that relief.
For a failure-to-rule claim, relator must prove the motion was properly filed, the trial court was asked to rule, and the court refused to rule; relator bears the burden to provide a sufficient record.
The record here lacked a file-stamp on the speedy-trial motion and any evidence that relator requested the trial court to rule, so the court found the record insufficient to support mandamus relief and denied the petition and the leave motion as moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mandamus may compel a trial court to grant dismissal on speedy-trial grounds	Puentes: trial court must be ordered to rule and provide speedy relief	Respondent: relator has adequate remedy by appeal; mandamus not appropriate	Denied — speedy-trial dismissal is not subject to mandamus because appeal is an adequate remedy
Whether mandamus may compel trial court to rule on motions (speedy trial; bench warrant)	Puentes: trial court has a ministerial duty to rule on properly filed motions and was asked to rule	Respondent: relator failed to show motions were properly filed or that court was asked to rule; record insufficient	Denied — relator failed to establish motions were filed or that court was asked to rule; record insufficient for mandamus

State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207 (Tex. Crim. App. 2007) (mandamus standards in criminal cases)
Smith v. Gohmert, 962 S.W.2d 590 (Tex. Crim. App. 1998) (defendant seeking dismissal on speedy-trial grounds has adequate remedy on appeal)
State ex rel. Curry v. Gray, 726 S.W.2d 125 (Tex. Crim. App. 1987) (trial court’s duty to consider motions is ministerial)
Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (relator’s burden to provide a record sufficient to establish entitlement to mandamus)
In re Keeter, 134 S.W.3d 250 (Tex. App.—Waco 2003) (requirements to show trial court had duty, was asked, and failed to rule)
In re Villarreal, 96 S.W.3d 708 (Tex. App.—Amarillo 2003) (same)