Opinion
No. 01-03-01062-CV.
Opinion issued October 30, 2003.
Original Proceeding on Petition for Writ of Mandamus.
Attorney(s) for Relator: Darren Antoine' Erwin, TDC #1161722, Travis State Jail, 8101 FM 969, Austin, TX 78724.
Panel consists of Justices HEDGES, NUCHIA, and HIGLEY.
MEMORANDUM OPINION
Relator requests that this Court compel respondent, Hon. William T. Harmon, to: (1) return relator to the custody of the Harris County Sheriff from the Texas Department of Criminal Justice Institutional Division, and (2) set an appeal bond in trial court cause number 955209 in the amount of $5000.
Judge Harmon is the presiding judge of the 178th District Court of Harris County.
There are three prerequisites for the issuance of a writ of mandamus by an appellate court, namely: (1) the lower court must have a legal duty to perform a nondiscretionary act; (2) the relator must make a demand for performance; and (3) the subject court must refuse that request. Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding). Relator has not provided us with a record that shows that he made any request of the respondent to perform a nondiscretionary act that respondent refused.
The petition for writ of mandamus is therefore denied.
It is so ORDERED.