In Re Surafel Hailu Solomon v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledOctober 28, 2026
Docket09-26-00398-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00398-CR
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IN RE SURAFEL HAILU SOLOMON
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Original Proceeding
Criminal District Court of Jefferson County, Texas
Trial Cause Nos. F22-39310-0, F22-39311-0, and F22-39312-0
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MEMORANDUM OPINION
Surafel Hailu Solomon filed a petition for a writ of mandamus. Solomon
complains that he filed a Motion to Dismiss for Want of a Speedy Trial in February
2025, and since that date his cases have been set on the trial docket but have been
repeatedly re-set after they were not reached for trial. Solomon asks this Court to
compel the trial court to rule on Solomon’s Motion to Dismiss for Want of a Speedy
Trial “alongside all other unresolved motions filed in this action.”
Generally, pretrial hearings are not mandatory in criminal cases. See Tex.
Code Crim. Proc. Ann. art. 28.01, § 1 (“The court may set any criminal case for a
pre-trial hearing before it is set for trial upon its merits . . . .”). Article 28.01 “is not
mandatory upon the court but is directed to the court’s discretion.” Hicks v. State,
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508 S.W.2d 400, 403 (Tex. Crim. App. 1974). In particular, a motion to dismiss a
case for want of a speedy trial need not be ruled upon prior to trial because the
movant has an adequate remedy by appeal. See Ex parte Sheffield, 685 S.W.3d 86,
100 (Tex. Crim. App. 2023) (“The remedy for a violation of a defendant’s
constitutional right to a speedy trial is dismissal and, if dismissal is wrongly denied,
appellate review after trial and conviction.”). Solomon did not ask this Court to
compel the trial court to try the State’s cases against Solomon. See id. (“If trial and
appellate review are indefinitely postponed, vindication of the speedy trial right
should be had via petition for writ of mandamus, not by pretrial writ of habeas
corpus.”).
“To obtain extraordinary relief, Relator must show that 1) he has no adequate
remedy at law, and 2) what he seeks to compel or prohibit is ministerial, involving
no discretion.” In re State ex rel. Best, 616 S.W.3d 594, 599 (Tex. Crim. App. 2021)
(orig. proceeding) (citing State ex rel. Young v. Sixth Jud. Dist. Ct. of Appeals, 236
S.W.3d 207, 210 (Tex. Crim. App. 2007)). Solomon has not shown that he is entitled
to mandamus relief. Accordingly, we deny the petition for a writ of mandamus. See
Tex. R. App. P. 52.8(a).
PETITION DENIED.
PER CURIAM
Submitted on October 27, 2026
Opinion Delivered October 28, 2026
Do Not Publish
Before Golemon, C.J., Wright and Chambers, JJ.
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