Opinion
No. 06-12-00131-CR
07-31-2012
In re: ANTHONY GEORGE FOMBY
Original Mandamus Proceeding
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Anthony George Fomby has filed a second petition for writ of mandamus, in which he, on this occasion, asks this Court to order the Honorable Bill Porter of the 276th Judicial District Court of Morris County to order the clerk of the court to make available to him the clerk's record from a prior proceeding in that court. Fomby is incarcerated from a 2009 conviction, and states that although he obtained a clerk's record, he did not purchase all of the record. He now wants to purchase copies of the "plea bargain offers" in his case, but the clerk will not allow him to do so.
Fomby does not state that he has ever asked the trial court to issue such an order to the district clerk and has provided no documentation showing that he has done so, nor is there any indication of any ruling on such a request. We also note in passing that such offers are reflective of the negotiations of the district attorney with a defendant and not connected with the trial court and that often such documents are never made part of the trial court record.
We grant the extraordinary relief of mandamus only when the trial court has clearly abused its discretion and the relator lacks an adequate appellate remedy. In re Team Rocket, L.P., 256 S.W.3d 257 (Tex. 2008) (orig. proceeding). In this state of the proceeding, there is nothing to show that the trial court has ever had an opportunity to exercise its discretion, or that it did so, and thus showing that the court abused that discretion is impossible.
We deny the petition for writ of mandamus.
Jack Carter
Justice
Do Not Publish