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In re Gross

Court of Appeals of Texas, Twelfth District, Tyler
Feb 9, 2007
No. 12-06-00432-CR (Tex. App. Feb. 9, 2007)

Opinion

No. 12-06-00432-CR.

Opinion Delivered February 9, 2007. DO NOT PUBLISH.

ORIGINAL PROCEEDING.

PANEL CONSISTED OF WORTHEN, C.J., GRIFFITH, J., AND HOYLE, J .


MEMORANDUM OPINION


Lamarvin Gross seeks a writ of mandamus compelling the trial court to rule on his motion to represent himself in the underlying proceeding and his motion for a free "transcript and records." The party seeking mandamus relief has the burden to provide a record sufficient to establish his entitlement to such relief. Walker v. Packer , 827 S.W.2d 833, 837 (Tex. 1992). To that end, the relator in a mandamus proceeding must file along with his petition a certified or sworn copy of every document that is material to his claim for relief and that was filed in any underlying proceeding. TEX. R. APP. P. 52.3(j)(1)(A), 52.7(a)(1). Here, Gross did not provide copies of any documents that are material to his claim for relief. Consequently, he has failed to meet his burden to provide a record sufficient to establish his entitlement to relief. Accordingly, the petition for writ of mandamus is denied .


Summaries of

In re Gross

Court of Appeals of Texas, Twelfth District, Tyler
Feb 9, 2007
No. 12-06-00432-CR (Tex. App. Feb. 9, 2007)
Case details for

In re Gross

Case Details

Full title:In Re: LAMARVIN GROSS, RELATOR

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Feb 9, 2007

Citations

No. 12-06-00432-CR (Tex. App. Feb. 9, 2007)