Opinion
14-23-00877-CR
02-06-2024
IN RE DARREN TRAMEL HUGHES, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF MANDAMUS
179th District Court Harris County, Texas Trial Court Cause No. 1494203.
Panel consists of Wise, Bourliot, and Spain, Justices.
MEMORANDUM OPINION
PER CURIAM
On Monday, November 20, 2023, relator Darren Tramel Hughes filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Ana Martinez, presiding judge of the 179th District Court of Harris County, to rule on two of his motions: (1) Motion to Dismiss Court Appointed Attorney and Appoint New Counsel and (2) Request for Release / or Request for Bond.
By order dated January 4, 2024, this court advised relator that his petition did not comply with Rules 52.3(k), and 52.7(a) of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3(k), 52.7(a). In the order, the court notified relator that the petition would be dismissed unless an amended petition addressing the record issues was filed by January 25, 2024.
On January 19, 2024, relator filed an amended petition. The amended petition does not comply with the Texas Rules of Appellate Procedure in that (1) it does not have an appendix containing a certified or sworn copy of any document showing the matter complained and (2) it does not contain a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in the underlying proceeding and a properly authenticated transcript of any relevant testimony from any underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the matter complained. See Tex. R. App. P. 52.3(k), 52.7(a); see also Tex. Civ. Prac. & Rem. Code Ann. § 131.001 (allowing use of unsworn declarations). Furthermore relator does not state under penalty of perjury that such documents exist and he has been denied copies of them.
As such, relator's petition for writ of mandamus is dismissed.