Summary
holding relator not entitled to mandamus relief when record did not show relator alerted judge of motion by setting it for submission or hearing
Summary of this case from In re WigleyOpinion
No. 14-07-00231-CV
Opinion filed May 15, 2007.
Original Proceeding Writ Of Mandamus.
PANEL CONSISTS OF JUSTICES YATES, ANDERSON and HUDSON.
MEMORANDUM OPINION
On April 5, 2007, relator filed a petition for writ of mandamus in this court. See TEX. GOV'T CODE ANN. ` 22.221 (Vernon 2004); see also TEX. R. APP. P. 52. In the petition, relator asks this court to compel the Honorable Jeannine Barr, presiding judge of the 182nd District Court of Harris County, to rule on relator's motion for DNA testing of evidence pursuant to Chapter 64 of the Texas Code of Criminal Procedure.
Relator has not established that he is entitled to mandamus relief. There is no indication in the record that the motion was ever set for submission or that any other action was taken to alert the trial court to the filed motion and that, once so alerted, the trial court refused to rule. See Barnes v. State, 832 S.W.2d 424 (Tex.App.-Houston [1st Dist.] 1992, no pet.); In re Hughes, 2004 WL 89289 (Tex.App.-Amarillo 2004) (orig. proceeding). Accordingly, we deny relator's petition for writ of mandamus.