Opinion
No. 05-17-00550-CV
06-06-2017
Original Proceeding from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-34236
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Fillmore
In this original proceeding, relator asks the Court to order the trial court to conduct an expedited hearing under Rule 34.6(e) to correct purported inaccuracies in the reporter's record. TEX. R. APP. P. 34.6(e).
To be entitled to mandamus relief, a relator must show that he has no adequate remedy at law to redress his alleged harm, and what he seeks to compel is a ministerial act, not one involving a discretionary or judicial decision. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals at Texarkana, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding). Consideration of a motion that is properly filed and before the court is a ministerial act. State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987) (orig. proceeding) (op. on reh'g). To be entitled to mandamus relief directing a trial court to rule on a properly filed motion, a relator must establish the trial court (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) failed to do so. In re Keeter, 134 S.W.3d 250, 252 (Tex. App.—Waco 2003, orig. proceeding); In re Villarreal, 96 S.W.3d 708, 710 (Tex. App.—Amarillo 2003, orig. proceeding). It is relator's burden to provide the court with a record sufficient to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex.1992) (orig. proceeding); TEX. R. APP. P. 52.3(k), 52.7(a).
Here, relator has not provided a record to show that he has asked the trial court to correct inaccuracies in the reporter's record, asked the trial court to hold a hearing on the motion and to rule on the motion, and that the trial court has refused to rule. Further, no appeal is pending in which a corrected reporter's record is needed. This Court recently dismissed for want of jurisdiction relator's appeal of his conviction of the offense of possession of four grams or more but less than 200 grams of gamma hydroxybutyrate. Bonner v. State, 05-16-01441-CR, 2017 WL 912149 (Tex. App.—Dallas Mar. 8, 2017, pet. ref'd) (mem. op., not designated for publication). The Court of Criminal Appeals refused relator's petition for discretionary review on May 3, 2017. Relator has not shown himself entitled to the relief requested. Accordingly, we deny relator's May 23, 2017 petition for writ of mandamus.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE 170550F.P05