Summary
denying mandamus for failure to comply with appellate rule 9.5 and 52.7
Summary of this case from In re KennedyOpinion
No. 01-10-00998-CR
Opinion issued December 6, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK and Justices MASSENGALE and BROWN.
MEMORANDUM OPINION
The underlying case is State v. Nguyen, No. 06-DCR-044680A in the 268th District Court of Fort Bend County, the Honorable Brady Elliott presiding.
Relator Cuong Anh Van Nguyen has petitioned this Court for a writ of mandamus, complaining of an alleged error in the calculation of the pre-sentence jail time for which he should receive credit on his sentence in the underlying case. Relator's petition does not comply with the Texas Rules of Appellate Procedure. Relator does not certify that all parties to the underlying case were served with a copy of the petition. See TEX. R. APP. P. 9.5(a), (e). Relator also failed to file with the petition a certified or sworn copy of every document that is material to his claim for relief, including a complete copy of the judgment and sentence in the underlying case. See TEX. R. APP. P. 52.7(a). Accordingly, we deny Relator's petition for writ of mandamus.