In re Brown

Full title: IN RE Taurus BROWN

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 23, 2008

No. 04-08-00423-CR (Tex. App. Jul. 23, 2008)

Opinion

No. 04-08-00423-CR

Delivered and Filed: July 23, 2008. DO NOT PUBLISH.

Original Mandamus Proceeding.¹

1 This proceeding arises out of Cause No. 04-02-00012-CRK, styled State of Texas v. Taurus Brown, filed in the 218th Judicial District Court, Karnes County, Texas.

Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.

MEMORANDUM OPINION

PER CURIAM.

On June 13, 2008, relator Taurus Brown filed a petition for a writ of mandamus and a motion for leave to file a petition for a writ of mandamus. We construe the petition as raising a complaint regarding time-served credit. Section 501.0081 of the Texas Government Code sets forth the proper procedure to be followed in resolving complaints regarding time-served credit. See Tex. Gov't Code Ann. § 501.0081 (Vernon 2004); see also Ex parte Whiteside, 12 S.W.3d 819, 824 (Tex.Crim.App. 2000) (Johnson, J., concurring). Brown is not entitled to the relief sought in a mandamus proceeding in this court. Therefore, the petition is denied. See Tex. R. App. P. 52.8(a). A motion for leave to file a petition for a writ of mandamus is unnecessary in this court. See Tex. R. App. P. 52.1. Therefore, the motion is denied as moot.