Summary
denying petition for writ of mandamus where relator complained that trial court violated a ministerial duty by not ruling on his motion for examining trial
Summary of this case from In re NotterOpinion
No. 05-12-01729-CV
01-16-2013
IN RE RODOLFO HERNANDEZ, Relator
Writ of Mandamus Denied, Opinion issued January 16, 2013
Original Proceeding from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-11218
MEMORANDUM OPINION
Before Justices O'Neill, Francis, and Murphy
Opinion by Justice Francis
Relator contends the trial court violated a ministerial duty by not ruling on his motion for examining trial. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Simon v. Levario, 306 S.W.3d 318, 320-21 (Tex. Crim. App. 2009) (orig. proceeding); State of Tex. ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex. Crim. App. 2001) (orig. proceeding). Accordingly, we DENY relator's petition for writ of mandamus.
_________________
JUSTICE
121729F.P05