Opinion
01-20-00846-CR 01-20-00847-CR
12-14-2021
IN RE NATHANIEL JONES III, Relator
Do not publish. TEX. R. APP. P. 47.2(B).
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Justices Kelly, Guerra, and Farris.
MEMORANDUM OPINION
PER CURIAM
Relator, Nathaniel Jones III, proceeding pro se, has filed a petition for writ of mandamus in each of these trial court causes, asking that we order the Honorable Frank Aguilar to vacate his findings of fact and conclusions of law and either recuse himself or refer the matter to the regional administrative judge for consideration of recusal of Judge Aguilar. We deny the petitions.
The underlying cases are State of Texas v. Nathaniel Jones III, cause numbers 1267896B and 1267897B, pending in the 228th District Court of Harris County, Texas, the Honorable Frank Aguilar presiding.
Relator contends that he was convicted of the offenses of murder and aggravated assault with a deadly weapon and sentenced to 45 years' confinement. Relator states that "both state and federal appeals courts denied relief" and, after "discover[ing] previously unavailable factual evidence," relator filed a postconviction application for writ of habeas corpus. Relator contends that he filed a motion to recuse and that, to his knowledge, the trial court has not ruled on this motion. However, relator has not provided this Court with a sufficient record to establish his entitlement to mandamus relief. See TEX. R. APP. P. 52.3(K); In re Gomez, 602 S.W.3d 71, 73 (Tex. App.-Houston [14th Dist.] 2020, orig. proceeding) (party seeking mandamus relief has burden to provide court with sufficient record to establish right to relief).
This is relator's second attempt to obtain mandamus relief concerning the trial court's failure to rule on his recusal motion. In our opinion of November 5, 2020, this Court denied relief, noting that relator had not established entitlement to mandamus relief because he did not include a sufficient record to support his request for relief. See In re Jones, Nos. 01-20-00676-CR, No. 01-20-00677-CR, 2020 WL 6493994 (Tex. App.-Houston [1st Dist.] Nov. 5, 2020, orig. proceeding).
Accordingly, we deny relator's petitions for writ of mandamus. See TEX. R. APP. P. 52.8(A). Any pending motions are dismissed as moot.