Opinion
NO. 12-11-00264-CR
01-31-2012
In re: MICHAEL ALLYN KENNEDY, RELATOR
ORIGINAL PROCEEDING
MEMORANDUM OPINION
PER CURIAM
Relator Michael Allyn Kennedy has filed a petition for writ of mandamus complaining of various actions of the trial court relating to his sentencing hearing on remand and the reporter's record. We deny the petition.
AVAILABILITY OF MANDAMUS
In a criminal case, mandamus relief is authorized only if the relator establishes that (1) he has no other adequate legal remedy and (2) under the facts and the law, the act sought to be compelled is purely ministerial. State ex rel. Hill v. Fifth Court of Appeals, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). If the relator fails to meet either of these requirements, the petition for writ of mandamus should be denied. State ex rel. Young v. Sixth Judicial Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (orig. proceeding).
Moreover, a relator has the burden to provide a record establishing his right to mandamus relief. See TEX. R. APP. P. 52.7(a) (relator must file with mandamus petition a copy of every document material to claim for relief). Relator's petition is not accompanied by a record that complies with this rule. Therefore, we are unable to evaluate the merits of his claims. Accordingly, Relator's petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
NO. 12-11-00264-CR
MICHAEL ALLYN KENNEDY, Relator
v.
HON. MARK A. CALHOON, Respondent
ORIGINAL PROCEEDING
ON THIS DAY came to be heard the petition for writ of mandamus filed by MICHAEL ALLYN KENNEDY, who is the relator in Cause No. 29326, pending on the docket of the 3rd Judicial District Court of Anderson County, Texas. Said petition for writ of mandamus having been filed herein on August 31, 2011, and the same having been duly considered, because it is the opinion of this Court that writ of mandamus should not issue, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the same is, hereby DENIED.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.