Opinion
No. 04-17-00215-CR
04-19-2017
IN RE Derek M. BAILEY
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 94-0857-CR, styled State of Texas v. Derek M. Bailey, pending in the 25th Judicial District Court, Guadalupe County, Texas, the Honorable William Old presiding.
On April 7, 2017, Relator filed a pro se petition for writ of mandamus seeking an order directing the trial court to rule on Relator's motion to reopen an inquest.
When a motion is properly filed and pending before a trial court, the act of giving consideration to and ruling upon that motion is a ministerial act and mandamus may issue to compel the trial judge to act. Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004). A relator has the burden of providing this court with a record sufficient to establish a right to mandamus relief. See TEX. R. APP. P. 52.7(a) (relator must file "a certified or sworn copy of every document that was material to the relator's claim for relief and that was filed in any underlying proceeding"). In a case such as the one before us, a relator has the burden to provide a court of appeals with a record showing the trial court was made aware of the motion at issue and that such motion has not been ruled on by the trial court for an unreasonable period of time. In re Gallardo, 269 S.W.3d 643, 645 (Tex. App.—San Antonio 2008, orig. proceeding).
Relator has provided this court with no record, therefore Relator fails to establish that the motion at issue was filed with the trial court, the trial court has been made aware of the motion, or that the trial court has expressly refused to rule on it. We conclude Relator has not shown himself entitled to mandamus relief on this record. Accordingly, the petition for writ of mandamus is denied.
PER CURIAM DO NOT PUBLISH