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In re Long

State of Texas in the Fourteenth Court of Appeals
Feb 20, 2014
NO. 14-14-00049-CR (Tex. App. Feb. 20, 2014)

Opinion

NO. 14-14-00049-CRNO. 14-14-00050-CRNO. 14-14-00051-CR

02-20-2014

IN RE ROBERT RANDALL LONG, Relator


Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 20, 2014.

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

177th District Court

Harris County, Texas

Trial Court Cause Nos. 1216882, 1235282, and 1273161


MEMORANDUM OPINION

On January 15, 2014, relator Robert Randall Long filed a petition for writ of mandamus in this Court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Ryan Patrick, presiding judge of the 177th District Court of Harris County, to vacate an alleged order withdrawing relator's right to proceed with pro se representation in his defense.

Relator, however, has not included with his petition a written order of the trial court withdrawing relator's pro se representation or any part of the reporter's record containing an oral ruling by the trial court withdrawing relator's pro se representation. In seeking mandamus relief, a relator is required to provide "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). Accordingly, the record in a petition for writ of mandamus generally must contain either a written order from the trial court or that portion of the reporter's record demonstrating an oral ruling by the trial court. See In re Bill Heard Chevrolet, Ltd., 209 S.W.3d 311, 316 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding).

"Those seeking the extraordinary remedy of mandamus must follow the applicable procedural rules." In re Le, 335 S.W.3d 808, 813 (Tex. App.—Houston [14th Dist.] 2011, orig. proceeding). "Chief among these is the critical obligation to provide the reviewing court with a complete and adequate record." Id. Without documentation showing the action of the trial court of which relator complains, he cannot satisfy his obligation to demonstrate entitlement to mandamus relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding).

Accordingly, we deny relator's petition for writ of mandamus.

PER CURIAM

Panel Consists of Justices McCally, Busby, and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

In re Long

State of Texas in the Fourteenth Court of Appeals
Feb 20, 2014
NO. 14-14-00049-CR (Tex. App. Feb. 20, 2014)
Case details for

In re Long

Case Details

Full title:IN RE ROBERT RANDALL LONG, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 20, 2014

Citations

NO. 14-14-00049-CR (Tex. App. Feb. 20, 2014)