in Re: Charlie Puentes, 05-16-01268-CV

Relator Charlie Puentes filed a petition for writ of mandamus asking the court to order the Collin County trial court to rule on his motion for speedy trial and motion for a bench warrant.
Petition and motion for leave to file were filed October 25, 2016 in this Court of Appeals original proceeding.
To obtain mandamus in a criminal case, relator must show no adequate remedy by appeal and that the act sought is ministerial, not discretionary.
The court noted a defendant seeking dismissal based on speedy-trial grounds has an adequate remedy by appeal, so mandamus is not available for that relief.
For an order compelling a trial court to rule on a motion, relator must show the motion was properly filed, the court was asked to rule, and the court failed to do so; relator bears the burden of providing a sufficient record.
Here the record was deficient: the speedy-trial motion was not file-stamped and there was no proof the trial court had been asked to rule, so mandamus was denied and the motion for leave was denied as moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Availability of mandamus to compel speedy-trial relief	Puentes: trial court must be ordered to rule and dismiss for speedy-trial violation	State: speedy-trial dismissal may be obtained on appeal; mandamus not appropriate	Mandamus not available; adequate remedy by appeal exists
Mandamus to compel trial court to rule on motions	Puentes: court failed to rule on properly filed motions and should be compelled	State: relator must prove motions were properly filed and court was asked to rule; relator bears burden of record	Relator failed to show motions were filed or court was asked to rule; mandamus denied

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 require no adequate appellate remedy and ministerial act)
Smith v. Gohmert, 962 S.W.2d 590 (Tex. Crim. App. 1998) (speedy-trial dismissal is remedied on appeal; mandamus not appropriate)
State ex rel. Curry v. Gray, 726 S.W.2d 125 (Tex. Crim. App. 1987) (trial court must consider properly filed motions; ruling is ministerial)
In re Keeter, 134 S.W.3d 250 (Tex. App.—Waco 2003) (requirements to obtain mandamus to compel ruling: duty to rule, request to rule, refusal)
In re Villarreal, 96 S.W.3d 708 (Tex. App.—Amarillo 2003) (same showing required for mandamus to compel ruling)
Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (relator bears burden to provide record sufficient to establish right to relief)