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In re Belle

Court of Appeals of Texas, First District, Houston
Aug 3, 2006
No. 01-06-00362-CR. (Tex. App. Aug. 3, 2006)

Opinion

No. 01-06-00362-CR.

Corrected appeals number.

Opinion issued August 3, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices NUCHIA, KEYES, and HANKS.



MEMORANDUM OPINION


Relator, Christopher Belle, filed in this Court a pro se petition for writ of mandamus asking that we order respondent to rule on his application for writ of habeas corpus requesting an appeal bond. We deny the petition. This Court will issue a writ of mandamus to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). The relator must provide this Court with a sufficient record to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Relator has not provided this Court with a sufficient record in support of his petition. The Rules of Appellate Procedure provide that relator must file with the petition "a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding." Tex.R.App.P. 52.7(a)(1). In addition, relator's petition does not show that respondent clearly abused its discretion or violated a legal duty. Finally, relator's petition filed in this Court does not meet the requirements of the Texas Rules of Appellate Procedure because it does not certify that a copy was served on respondent. See Tex.R.App.P. 9.5. The petition for writ of mandamus is denied.

Respondent is the Hon. Susan Criss, Judge, 212th Judicial District Court, Galveston County.


Summaries of

In re Belle

Court of Appeals of Texas, First District, Houston
Aug 3, 2006
No. 01-06-00362-CR. (Tex. App. Aug. 3, 2006)
Case details for

In re Belle

Case Details

Full title:IN RE CHRISTOPHER BELLE, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: Aug 3, 2006

Citations

No. 01-06-00362-CR. (Tex. App. Aug. 3, 2006)