In re Flores

Full title: IN RE ROBERT FLORES, Relator

Court: Court of Appeals of Texas, First District, Houston

Date published: Aug 31, 2009

No. 01-09-00609-CR (Tex. App. Aug. 31, 2009)

Opinion

No. 01-09-00609-CR

Opinion issued August 31, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Chief Justice RADACK and Justices SHARP and TAFT.¹

1 The Honorable Tim Taft, retired justice, Court of Appeals for the First District of Texas, participating by assignment.

MEMORANDUM OPINION

PER CURIAM.

Relator, Robert Flores, has filed a petition for writ of mandamus requesting that this Court compel respondent² to appoint counsel and rule on his motion for DNA testing.³ We deny the petition. First, relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix that contains a certified or sworn copy of any order complained of, or any other document showing the matter complained of, and does not certify that a copy was served on respondent trial court judge. See TEX. R. APP. P. 9.5, 52.3(k). Additionally, relator's petition does not conform to Rule 52.3 in that relator does not certify that he has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record. See TEX. R. APP. P. 52.3 (j). We hold "the relator to the same procedural standards we apply to other litigants." Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.-Houston [1st Dist.] 1992, orig. proceeding). The petition for writ of mandamus is denied. It is so ORDERED.

2 Respondent is Joan Campbell, presiding judge, 248th District Court, Harris County, Texas. Relator's petition does not contain a certificate of service for Judge Campbell. Relator's certificate of service states that he served the Fourteenth Judicial District of Texas instead of the respondent.

3 We note that relator's petition does not contain the cause number for his conviction in the 248th District Court. However, the on-line offender records of the Texas Department of Criminal Justice indicate that Robert Flores, inmate number 1215391, was convicted in Harris County in trial court cause number 939688. Flores signed his petition for mandamus with his name and inmate number 1215391. Harris County Justice Information System records show that the respondent appointed counsel, Deborah Summers, on July 1, 2009 to represent relator on his DNA motion that was filed on June 19, 2009in cause number 939688.