Opinion
No. 06-05-00002-CV
Submitted: January 11, 2005.
Decided: January 12, 2005.
Original Mandamus Proceeding.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
In March 2001, an indictment was filed against Mondrea Scott, charging Scott with theft of property. Scott explains that, on a later, unspecified date, the State amended the indictment to allege aggravated robbery. Since becoming aware of the indictment in September 2001, Scott has filed a motion for speedy trial, a motion to dismiss information with an absolute bar to prosecution, and a request for disposition. Scott asserts that the 202nd Judicial District Court of Bowie County, Texas, has failed to act on any of these motions. However, Scott does not include with the petition the indictment or any of the other motions to dispose of the indictment. Scott is currently incarcerated in Arkansas and has now filed a two-page petition for writ of mandamus requesting this Court to order the 202nd Judicial District Court to rule on the motion to dismiss information with an absolute bar to prosecution.
Scott's petition states the indictment was filed March 23, 2002. Later, it is stated that Scott only became aware of the indictment September 19, 2001, and refers to motions filed in 2001; this Court assumes Scott intended to write March 23, 2001.
Scott's Petition Fails to Adhere to the Rules on Form and Content of a Petition for Writ of Mandamus
It is the relator's burden to show entitlement to the relief being requested. See Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917 (Tex. 1985) (orig. proceeding). Rule 52.3 establishes specific standards for the form and content of a petition for writ of mandamus filed in this Court. See Tex.R.App.P. 52.3. Scott's two-page petition fails to comply with virtually all the structural and substantive requirements of Rule 52.3. We are, therefore, without the information necessary to review the petition and cannot grant the relief requested.
We expressly do not reach the merits of Scott's position. Scott would have to provide more information in a manner consistent with the Texas Rules of Appellate Procedure in order to permit this Court to review the assertions presented and consider awarding such relief. Based on noncompliance with Tex.R.App.P. 52.3, we deny Scott's petition for writ of mandamus.