Opinion
No. 01-04-00133-CR.
Opinion issued March 11, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Chief Justice RADACK, and Justices ALCALA and BLAND.
MEMORANDUM OPINION
Relator contends in his petition for writ of mandamus that, due to a clerical error, he is serving consecutive sentences in cause numbers 91-CR-0734 and 91-CR-0608, rather than concurrent sentences. Relator further contends that he filed a motion for judgment nunc pro tunc in the 56th District Court that the court denied. Relator's petition does not meet the requirements of the Texas Rules of Appellate Procedure because it does not certify that a copy was served on a respondent. See TEX. R. APP. P. 9.5. In addition, the documents attached to relator's petition do not provide the Court with a sufficient record upon which relief could be granted. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992); see TEX. R. APP. P. 52.3. We therefore deny the petition for writ of mandamus. It is so ORDERED.
The presiding judge of the 56th District Court in Galveston County is the Honorable Norma Venso. Relator identifies the respondent as Judge I. Allen Lerner. However, the Honorable John Ellisor is the presiding judge of the 122nd District Court in Galveston County in which appellant was convicted.