Opinion
No. 04-17-00614-CR
10-18-2017
IN RE Juan Gabriel CISNEROS
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Irene Rios, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 88-02-02179-CR, styled The State of Texas v. Juan Gabriel Cisneros, pending in the 79th Judicial District Court, Brooks County, Texas, the Honorable Richard C. Terrell presiding.
On September 25, 2017, Relator filed a pro se petition for writ of mandamus. His petition complains of the trial court's failure to rule on his October 3, 2016 "Application for Writ of Habeas Corpus Pursuant to Texas Code of Criminal Procedure, Article 11.08."
To be entitled to mandamus relief compelling a trial court to rule on a properly filed motion, a relator must establish that the trial court (1) had a legal duty to rule on the motion, (2) was asked to rule on the motion, and (3) failed or refused to rule on the motion within a reasonable period of time. In re Molina, 94 S.W.3d 885, 886 (Tex. App.—San Antonio 2003, orig. proceeding).
Here, Relator fails to establish he is entitled to mandamus relief. See id. Attached to Relator's petition for writ of mandamus is a copy of his application for habeas corpus showing it was filed with the district clerk of Brooks County, Texas, on October 3, 2016. However, the mandamus record does not show the trial court was ever asked to rule on Relator's motion or was made aware of the motion. See In re Chavez, 62 S.W.3d 225, 228 (Tex. App.—Amarillo 2001, original proceeding) ("[W]e know of no rule which imputes the [district] clerk's knowledge to the trial court. Thus, it would be incumbent upon [Relator] to illustrate that the clerk informed the trial court of the motion or that the trial court otherwise obtained knowledge of it.").
Because Relator has not established he is entitled to mandamus relief, his petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a); In re Molina, 94 S.W.3d at 886; In re Chavez, 62 S.W.3d at 228.
PER CURIAM DO NOT PUBLISH