Opinion
No. 04-05-00376-CV
Delivered and Filed: August 24, 2005.
This proceeding arises out of Cause No. 2004CR5218, styled The State of Texas v. John Fennell, pending in the 226th Judicial District Court, Bexar County, Texas, the Honorable Sid Harle presiding.
Petition for Writ of Mandamus Denied.
Sitting: Catherine STONE, Justice, Karen ANGELINI, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On June 7, 2005, John Fennell filed a petition for writ of mandamus. The petition, however, did not comply with Texas Rule of Appellate Procedure 52 because it did not contain "a certified or sworn copy of every document that is material to relator's claim for relief and that was filed in any underlying proceeding." Tex.R.App.P. 52.7(a)(1). Specifically, although Fennell complained that the trial court had not ruled on his "Motion for Nunc Pro Tunc Time Credits," he failed to attach a sworn copy of that motion. Additionally, while he stated in his petition that he had received a response from the trial court stating that "the courts no longer review time credits from defendants," he failed to attach a sworn copy of this response.
We, therefore, ordered Fennell to correct this deficiency and warned him that if he failed to comply with our order within the time provided, we would dismiss the petition. See Tex.R.App.P. 42.3(c). Fennell did not file a supplement to his petition. Accordingly, Fennell's petition for writ of mandamus is denied. See Tex.R.App.P. 52.8(a).