Opinion
No. 05-16-00413-CV No. 05-16-00415-CV No. 05-16-00416-CV No. 05-16-00417-CV
04-19-2016
IN RE LARRY B. JOHNSON, Relator
Original Proceeding from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F-0811221-H, F-0811151-H, F-0900661-H, F-0900662-H
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang, and Justice Brown
Opinion by Justice Brown
In this petition for writ of mandamus, relator asserts that his motion for forensic DNA testing has been pending for over a year and the trial court has not ruled on the motion. The petition does not include the required rule 52.3(j) certification. See Tex. R. App. P. 52.3(j) No mandamus record or appendix was filed with the petition. See TEX. R. APP. P. 52.3(k), 52.7. The absence of a proper certification and supporting record is fatal to the petition. As the party seeking relief, the relator has the burden of providing the Court with a sufficient record to establish his right to mandamus relief. Lizcano v. Chatham, 416 S.W.3d 862, 863 (Tex. Crim. App. 2011) (orig. proceeding) (Alcala, J. concurring). He has not done so in this case.
We deny the petition.
/Ada Brown/
ADA BROWN
JUSTICE 160413F.P05