IN RE: DENNIS CHASTAIN

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Court of Appeals of Texas, Houston (14th Dist.).

IN RE: DENNIS CHASTAIN, Relator

NO. 14-17-00369-CR

Decided: May 25, 2017

Panel consists of Justices Christopher, Donovan, and Wise.

MEMORANDUM OPINION

On May 10, 2017, relator Dennis Chastain filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Susan Brown, presiding judge of the 185th District Court of Harris County,1 to release relator on bond or place relator in an out-patient or residential mental health facility, as provided for by article 46B.072 of the Texas Code of Criminal Procedure.

To be entitled to mandamus relief with respect to a criminal law matter, relator must show that she has no adequate remedy at law to redress her alleged harm, and that what she seeks to compel is a ministerial act. In re State ex rel. Weeks, 391 S.W.3d 117, 122 (Tex. Crim. App.2013) (orig. proceeding). “With respect to the requirement that the act sought is purely ministerial, the relator must have a ‘clear right to the relief sought,’ meaning that the merits of the relief sought are ‘beyond dispute.’ ” In re McCann, 422 S.W.3d 701, 704 (Tex. Crim. App. 2013) (orig. proceeding). “A clear right to relief is shown when the facts and circumstances dictate but one rational decision ‘under unequivocal, well-settled ․ , and clearly controlling legal principles.’ ” Weeks, 391 S.W.3d at 122 (quoting Bowen v. Carnes, 343 S.W.3d 805, 810 (Tex. Crim. App.2011) (orig. proceeding)).

Relator has not shown that he is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus.

FOOTNOTES

1.   The underlying case was transferred to the 185th Judicial District Court of Harris County, Texas, on March 2, 2017.

PER CURIAM