Opinion
NO. 14-20-00383-CR NO. 14-20-00384-CR
09-15-2020
IN RE DMITRY KRUGLOV, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
County Court No. 3 Galveston County, Texas
Trial Court Cause No. MD-0368264 & MD-0368265
MEMORANDUM CONCURRING OPINION
I write separately to briefly point out that the majority does not follow this court's binding precedent. Relator is required to show he filed his notice of appeal in the trial court. To meet this requirement relator must provide this court with a file-stamped copy of his notice of appeal or other proof that the notice was filed in the trial court. See In re Gomez, 602 S.W.3d 71, 74 (Tex. App.—Houston [14th Dist.] 2020, orig. proceeding); In re Flanigan, 578 S.W.3d 634, 626 (Tex. App.—Houston [14th Dist.] 2019, orig. proceeding); see also In re Henry, 525 S.W.3d 381, 382 (Tex. App.—[14th Dist.] 2017, orig. proceeding) (holding that relator had not established that his motion was pending in trial court in absence of providing file-stamped copy of motion).
I would follow this court's binding precedent in denying relator's petition for writ of mandamus.
/s/ Ken Wise
Justice Panel consists of Justices Wise, Bourliot, and Spain. (Spain, J., majority).
Do Not Publish — Tex. R. App. P. 47.2(b).