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In re Johnson

Court of Appeals Fifth District of Texas at Dallas
Apr 19, 2016
No. 05-16-00413-CV (Tex. App. Apr. 19, 2016)

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


Summaries of

In re Johnson

Court of Appeals Fifth District of Texas at Dallas
Apr 19, 2016
No. 05-16-00413-CV (Tex. App. Apr. 19, 2016)
Case details for

In re Johnson

Case Details

Full title:IN RE LARRY B. JOHNSON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 19, 2016

Citations

No. 05-16-00413-CV (Tex. App. Apr. 19, 2016)