Opinion
No. 14-11-00858-CR
Opinion filed October 20, 2011. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
Original Proceeding Writ of Mandamus. On Appeal from the 174th District Court, Harris County, Trial Court Cause No. 1278852.
Panel consists of Justices FROST, SEYMORE, and JAMISON.
MEMORANDUM OPINION
On October 5, 2011, relator David Lorenza Joyner 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 Ruben Guerrero, presiding judge of the 174th District Court of Harris County to vacate his order denying relator's motion for new trial. On September 13, 2011, appellant was convicted of theft and sentenced to fifteen years' confinement in the Institutional Division of the Texas Department of Criminal Justice. On September 14, 2011, he filed a notice of appeal, which was assigned to this court and docketed as cause number 14-11-00807-CR. On September 23, 2011, relator filed a motion for new trial and a motion to recuse Judge Ruben Guerrero. In his petition for writ of mandamus, relator alleges that Judge Guerrero improperly denied his motion for new trial because he failed to recuse himself or refer the matter to the administrative judge when the motion to recuse was filed. Relator, however, has not provided a copy of a signed order denying his motion for new trial. The Rules of Appellate Procedure require relator to file an appendix containing "a certified or sworn copy of any order complained of, or any other document showing the matter complained of[.]" Tex. R. App. P. 52.3(k)(1)(A). Relator failed to file a copy of the trial court's order that purportedly denied his motion for new trial. On this record, we cannot determine whether the trial court ruled on relator's motion for new trial. Relator has not established entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator's petition for writ of mandamus.