Opinion
No. 04-05-00563-CV
Delivered and Filed: August 24, 2005.
Original Habeas Corpus Proceeding.
This proceeding arises out of Cause Nos. 2004-CR-6860 and 2005-CR-1149, pending in the 290th Judicial District Court, Bexar County, Texas.
Petition for Writ of Habeas Corpus Denied.
Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
On August 8, 2005, relator filed a pro se petition for writ of habeas corpus, complaining of the trial court's denial of his Motion to Dismiss With Prejudice for State's Failure to Prosecute and his Motion for A Speedy Trial. It is well-settled that a defendant may not use pretrial habeas corpus to obtain the dismissal of criminal charges on speedy trial grounds. Ex parte Weise, 55 S.W.3d 617, 620 (Tex.Crim.App. 2001); Ex parte Delbert, 582 S.W.2d 145, 146 (Tex.Crim.App. 1979).
Also, the petition does not comply with Texas Rule of Appellate Procedure 52, because relator has failed to provide us with the necessary information by which we may determine the validity of his assertions. See Tex.R.App.P. 52.3(j) ("Appendix"), 52.7(a) ("Filing by Relator Required"), 52.7(c) ("Service of Record on All Parties").
Accordingly, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. Tex.R.App.P. 52.8(a).