Opinion
No. 04-18-00202-CR
04-11-2018
IN RE John C. DOMINGUEZ
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Marialyn Barnard, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2013-CR-3592, styled State of Texas v. John C. Dominguez, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid L. Harle presiding.
On April 2, 2018, relator filed a petition for writ of mandamus asserting the trial court has failed to rule on his motions to compel his trial attorney to surrender his case file.
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 material to relator's claim for relief that was filed in the 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); In re Mendoza, 131 S.W.3d 167, 167-68 (Tex. App.—San Antonio 2004, orig. proceeding).
Here, relator did not provide this court with a record sufficient to establish his claim for relief. Relator has not provided this court with a file-marked copy of his motions, a copy of the trial court's docket, or any other proof that these motions are pending before the trial court. See Mendoza, 131 S.W.3d at 167-68. Because the record does not establish that the motions at issue were filed with the county clerk, that the trial court has been made aware of the motions, or that the trial court has expressly refused to rule on the motions, we conclude relator has not shown himself entitled to mandamus relief on this record. Gallardo, 269 S.W.3d at 645.
PER CURIAM Do not publish