Opinion
NO. 14-18-00337-CR
05-08-2018
IN RE LEON HARRISON, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
230th District Court Harris County, Texas
Trial Court Cause No. 635921
MEMORANDUM OPINION
On April 26, 2018, relator Leon Harrison filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Brad Hart, presiding judge of the 230th District Court of Harris County, and the clerk of the 230th District Court to provide him with the complete appellate record in his pending appeal, including a supplemental clerk's record that he allegedly requested.
Relator requested similar relief in his appeal pending in this court in cause number 14-16-00995-CR.
On February 1, 2018, we issued an order denying relator's motion and advising him that our record does not contain his alleged 2017 request for a supplemental clerk's record and reciting the records that have been furnished to him.
As the party seeking relief, relator has the burden of providing this court with a sufficient record to establish relator's right to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); Tex. R. App. P. 52.7(a)(1) (relator must file with petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding.").
Relator is not entitled to a supplemental clerk's record absent a request to the trial court's clerk. See Tex. R. App. Proc. 34.5(c). Further, a party's right to mandamus relief generally requires a predicate request for some action and a refusal of that request. In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding); In re Le, 335 S.W.3d 808, 814-15 (Tex. App.—Houston [14th Dist.] 2011, no pet.). Relator has not provided this court with any mandamus record, much less one showing that he properly requested the trial court's clerk to prepare a supplemental clerk's record, that he requested the trial court to order the clerk to prepare a supplemental record, and that the trial court denied such a request.
Accordingly, we deny relator's petition for writ of mandamus.
Additionally, we do not have jurisdiction to issue a writ of mandamus against the clerk of the 230th District Court because the clerk is not one of the parties specified in Section 22.221(b) of the Texas Government against whom we many issue a writ. See Tex. Gov't Code Ann. § 22.221(b). Nor is it necessary to issue a writ against the clerk to enforce our appellate jurisdiction. See id. § 22.221(a).
PER CURIAM Panel consists of Justices Boyce, Jamison, and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).